Will of John Bernard of Carlow, proved 1791 (died 1789)
[Italics indicate a word which is unclear. XXXX indicates a word that is illegible. Punctuation, underlining and bolding have been added to assist in clarity].
In the name of God Amen I John Bernard of the Town and County of Carlow esquire being of sound and disposing mind and memory and considering the uncertainty of this transitory life do for avoiding controversies after demise make and publicise and declare this my last will and testament in manner following revoking all former wills by me made. First, forgive my soul to Almighty God and order my body to be buried in four days after my demise in a stout plain oak coffin on the left hand of my father in the Churchyard of Clonmulch my body to be carried up Tullow Street and over Burren Bridge to said churchyard with Six Mourners and Three clergyman in scarfs Viz: Rev. John Read, Rev. Humphrey Minchin, and Mr. Stratton That the expenses of my funeral shall be at the direction of my executors herein after named. I order my just debts to be paid with my funeral expenses as soon as convenient to my executors after my internment. Secondly, I leave my wife Frances Bernard seventy pounds a year as she will have thirty more pounds a year as my widow from England to be paid to her half yearly halfs out of the rents and profits of my undivided part of the lands of Ballynaboly held under the Reverend Edward Vigors with a power to distrain said lands in part payment thereof the first half yearly each to be paid to her on the twenty fifth day of March or twenty ninth day of September which shall first occur after my death I likewise leave my said wife all her wearing apparel gold watch and forty pounds sterling to be paid her as soon as convenient after my internment which bequests are to be in lieu of kinds and dower. Thirdly, I leave my daughter Mary the sum of twelve hundred pounds sterling to be paid her on the day of her marriage provided she marries with the consent of two of my three executors and the sum of one thousand pounds only if she marries without obtaining their consent in writing the said two hundred pounds in case she forfeits this same by not obtaining said consent. I bequeath unto my son Joseph and I leave to my said daughter Mary the sum of fifty pounds sterling to buy wedding clothes to be paid on the day of her marriage. I likewise bequeath to my said daughter Mary my silver coffee pot and stand my silver sugar basket cream ewer six silver teaspoons and my best set of china mugs and tea china. Fourthly, I bequeath to my sisters Jane and Elizabeth eight pounds sterling yearly each the same to be issuing and payable to them out of the rents and profits of the lands of Ballynaboly during their respective natural lives
clear above all rents and fees payable throughout the said annuities to be paid to them by half yearly halfs as above with powers to distrain to enforce payment thereof as usual in such cases provided that their own receipts and no other previous receipts during their respective lives be sufficient discharge for the said annuities. Fifthly, I bequeath to my natural son John Bernard the sum of one hundred pounds sterling. Sixthly, I bequeath to each of my executors hereinafter named the sum of ten guineas to buy a mourning ring severally. Seventhly, I devise and bequeath unto my son Joseph Bernard all of my estates farms and interest in the undivided moieties of the farms and lands of Graugie in the Queen’s County and of and in the undivided moiety of the farm and lands of Ballynaboly near Leighlin Bridge in the County of Carlow both of which were left or devised by my late father Joseph Bernard deceased to me and my brother William Bernard who has joined me in executing a deed which is only registered purporting that neither of us shall take any advantage of survivorship of one or other of our heirs and reporting our interest in said farms or lands. I likewise bequeath to my said son Joseph my right title from and interest of in and to the lands of Seskin near Old Leighlin in the County of Carlow and the lands of Tinnriland in said county together with the houses I live in in the Town of Carlow and the three fields adjoining the same with the garden and appertunances belonging and in my term and interests therein respectively subject to the payment of the rents and fines payable by and for and out of all and every of the same and also the xxxxxxxx with and subject to the payment of the aforesaid annuities to my said wife and sisters respectively and to have hold review and take the said lands and premises and the rents issues and profits thereof when the said Joseph Bernard shall arrive at the age of twenty two years to him his heirs, executors and administrators and assigns I also bequeath to my said son Joseph Bernard my iron chest with all my plate except the particular articles here before left to my daughter And also bequeath to my said son Joseph my gold watch books my silver and brass mounted pistols with two swords and blunderbusses my stout sliv xxx and shoe buckles and sleeve buttons and to my executors in trust for my said son Joseph all my household furniture linen clothes post chaisse cattle and stock of all kinds whatsoever the same to be sold by them to the best advantage and I order that the money arising from and by such xxx and sale to be laid out upon National Security which with all my money in the stocks and funds and in the banks of the Nation and of Xxx Xxxxx and all the money for principal and interest and rents and all the money for principal and interest and rents
and securities for money of which I shall die possessed or entitled into or which shall or may come into the hands or power of my executors or any of them. I also bequeath to my said son Joseph the same to be possessed and enjoyed by him when he shall attain or arrive at the age of twenty two years and I order and direct that all my money in England and Ireland together with all my rents shall be lodged in the National Bank of Ireland by my executors until my said son Joseph shall attain to his age of twenty two years and that the said Joseph shall be paid out of thatinterest and arising from said funds the sum of Sixty pounds yearly for his maintenance and hereby empower and direct my executors and the survivor of them his heirs to apply for and obtain renewals of the several leases of the several lands and premises as aforesaid and of which I shall die possessed of in and entitled unto that are and shall be renewable until my said son shall become possessed thereof aforesaid and to pay out of my said assets the renewal fines for the same and also to call in any sum or sums of my said assets from the National Bank and lay out the same in the purchase or purchases of one or more Estate and Estates or leases for lives renewable forever of lands in the County of Carlow or Queens County in trust and to and for the proper use and behoof of my said son Joseph and his heirs whenever he shall attain his said age of twenty two years and I hereby impower and direct my said executors and the survivors of them as soon as my said son Joseph shall attain the age of twenty one years and as soon as the farm of Turrill and the same be out of lease to the present occupier thereof to permit said Joseph to occupy the same and that my said executors do and shall out of my said assets purchase a proper stock for said farm and employ a fit and proper person skilled in farming to assist the said Joseph in the management thereof for his proper use and benefit until he shall attain the age of twenty two years. I also bequeath my pew in the church of Carlow to my son Joseph my said pew and my half of the walled field in Graigue held by me by lease for ever under the Bridges
family and also in case of my said son Joseph dying without issue as aforesaid I devise and bequeath over or unto my said executors and the survivor of them his heirs executors administrators
and assigns all and every my estates leases lands houses tenements and premises real and freehold and personal rents moiety securities for money principal and interest and issues and profits to arise from and out of the same and all and every my goods and chattels aforesaid not specifically encumbered or devised or bequeathed in trust and to and for the uses and purposes of the following that is to say to pay thereout of the further sum of one thousand pounds to my said daughter Mary the sum of five hundred pounds sterling to each of my five nieces daughters of my brother Thomas Bernard of Birr lately deceased that is to say Grace Susanna Barbara Jane and Jemma Bernard and pay my niece Mary now married to Mr Palmer late Mrs. Dillon the sum of two hundred pounds sterling and to pay my grandnephew Thomas Bernard of Castletown the sum of five hundred pounds sterling and to pay my nephew Joseph Galbraith son of my sister Jane the sum of five hundred pounds sterling and to pay to my nieces the said Joseph Galbraith’s two sisters called Mary the sum of two hundred and fifty pounds each and to pay to my Sister Elizabeth Latry’s four sons that is to say George Joseph Thomas and Richard the sum of four hundred Pounds sterling each and to pay to my said sister Latry’s son William and to her daughter Mary the sum of two hundred and fifty pounds sterling each and to pay unto my sister Jemma wife of the Reverend Moffit the sum of five hundred pounds sterling and in trust to permit my nephew Andrew son of my said sister Jemma Moffit to take posess and enjoy my undivided right title and interests of and in the lands of Ballynaboly and the profit rents thereof to him and his heirs and assigns subject to the payment of the landlord rents thereof and the aforesaid annuities charged upon the same payable to my wife and two sisters in manner aforesaid and upon this further trust that my said executors and trustees shall pay to my three nieces daughters of my sister Jemma Moffit that is to say Mary Jane and Jemma the sum of four hundred pounds sterling each to pay to my Nephew Joseph son of my sister Deborah Rorke the sum of four hundred pounds sterling and to his sister Deborah the sum of four hundred pounds sterling and to pay to the said Joseph Rorke’s brother Thomas Rorke who is supposed to be abroad in foreign parts if living the sum of two hundred and fifty pounds sterling and to pay my aforesaid natural son John Bernard the further sum of one hundred pounds sterling and to pay the sum of one hundred pounds sterling to and for repairing the Infirmary or poorhouse of Carlow and it is my will and intention that the
aforesaid several sums so ordered be paid to said several female legatees shall be paid to them for their sole and separate use respectively and that their single releases for the same to said trustees shall be sufficient and none other without their respective husbands having any claim right or property in or to the same or any part thereof and upon further trust to pay the further sum of thirty pounds to such poor widows of housekeepers of the town of Carlow of my said executors shall think fit objects and upon further trust to pay to my sister Mary Bennett five younger daughters to wit Ann Sarah Grace Jemima and Julia Bennett the sum of one hundred pounds sterling each upon this further trust to permit my Nephew Thomas Bernard son of my brother William Bernard and his heirs and assigns to take and enjoy my right title and interest of in and to my one moiety of the lands I hold from Robert Brown Esq. in Graigue in the Queen’s County and the profits rents thereof Subject to the payment of one half of the xxx of rents thereof and also my part of the lands of Seskin near Leighlin which I hold by lease from the Widow Wittingham and her daughter and the rents and the profits thereof rent of the same and half the arrears thereof I bequeath to my brother William Bernard and his two daughters one shilling each and to my sister Mary Humphrey and her sons John and Thomas and her daughter Mary one shilling each and no more and to my sister Anne Michel and her son Perkins one shilling each and no more and I do hereby devise and bequeath all the rest and residue of my assets and effects to my said son Joseph in case he shall live to the age of twenty two years and
in case my said son shall not live to attain the said age of twenty two years then I do devise and bequeath all the rest and residue of my estates real and freehold and personal of which I shall die seized possessed of and intitled into which are not devised or bequeathed unto my said daughter Mary Bernard and I bequeath the further sum of five hundred pounds sterling to my said daughter Mary to be paid her immediately after my death and revoke the contingent legacies to my aforesaid nieces the daughters of my sister Humphrey and I hereby nominate and appoint Robert Brown of Browne’s Hill in the County of Carlow Esq. Thomas Bernard of Castletown in the King’s County Senior Esq. and Thomas Bernard Junior of same place Esq. son of the said Thomas Executors and Trustees of this my last will and testament and guardians to my said son Joseph in witness whereof I have hereunto put my hand and seal this 3rd day of November 1789. John Bernard [Seal] Signed sealed and
Published by the testator as his last will and testament in presence of us who have at his request and in his presence and the presence of each other signed our names as witnesses. Thomas Bunbury Senior Wm. Feray Pat Flood. This will was proved at London the Thirty First day of October in the year of our Lord One Thousand Seven hundred and ninety one before the Right Honourable Sir William Wynne knight Doctor of Laws master keeper or commissary of this Prorogative court of Canterbury lawfully constituted by the oath of Thomas Bernard elder out of the executors named in the said will to whom administration was granted having been first sworn duly to administrator power reserved of making the like grant to Robert Brown and Thomas Bernard the younger the other executors named in the said will where they or either of them shall apply for the same.