Daniel O’Connell to the Electors of the County of Cork 6th July 1841

This is part of a series of posts about the1841 election rather specifically from an Irish perspective. At the time the letter was written Daniel O’Connell was standing for election as an M.P. in Dublin City. Things changed six days later. Roche and Barry” are Edmond Burke Roche, and Garrett Standish Barry. Barry was the first Catholic MP elected to represent Cork County after the Catholic Emancipation Act of 1829, and was elected in 1832. Roche was elected in 1837.  Edmond Burke Roche also has the distinction of being Prince Harry’s great, great, great grandfather.

TO THE ELECTORS OF THE COUNTY OF CORK.

Dublin, 6th July, 1841.

” Who would be free, themselves must strike the blow ?”

Fellow-Countrymen,

We have arrived at the most important crisis in the affairs of Ireland. The liberty and the religion of the Irish people are at stake. The question is, whether the Orange miscreants, who have so long plundered our country, and persecuted our people, are to trample upon us again—to outrage our venerated clergy, and to inflict the virulent hostility of their blasphemous scurrility upon the most sacred rites of the Catholic religion.

I am convinced that not one liberal Protestant in the county of Cork will refuse to vote for Roche and Barry. I am convinced that not one Catholic will vote against Roche and Barry. In fact, the Catholic who does not vote for Roche and Barry is a traitor to his country, and a renegade to his religion. 

Remember, my friends, that the exterminators have openly avowed themselves. And, although, as in this city, they have felt it prudent to qualify the bitterness of their hostility to the Catholics, yet their designs of destruction are sufficiently manifest, even from the equivocal language which they now choose to employ, instead of an open declaration of vengeance.

There is no scheme too vile — no misrepresentation too atrocious — no cunning trick too dirty or too false — for the Orange Tories of your county to make use of, in order to delude or deceive the people to their own destruction.

Amongst other dirty tricks, the Orange faction in your county have asserted that the ministerial plan on the subject of the cornlaws would be injurious to the farmers. I wish you to understand this subject as well as I do. The ministerial plan which Mr. Roche supports, and which I support, is a fixed duty of eight shillings per quarter upon wheat ; and so in proportion upon other grain.

Now, attend to me, I beg of you, my fellow-countrymen. You know me I never deceived you nor any of you : and I tell you distinctly and emphatically, that of all the plans respecting the cornlaws, the ministerial plan of a fixed duty, which both Roche and Barry will support, is the very best for the farmer ! It is so for this reason ; that at present, rents are charged upon the farmers according to the highest prices that corn can bring ; and a speculation takes place respecting rents, in which, as you well know, the landlords have always the best of it.

The fixed duty gives, on the contrary, a fixed and steady rule of price for corn, and therefore a fixed criterion for rent ; thus giving to the farmer the surplus profits when the corn produces a price higher than in ordinary years..

I am bound to add, that after having investigated this subject with all the care and attention due to it from me, whose great object is the good of all the people—the good of the farmers when it varies from that of the aristocracy or landlords, I am thoroughly and conscientiously convinced that the best plan for all the farmers would be the total abolition of the corn-laws.

But that is not the question at present. The present question lies altogether between the plan of a sliding scale of corn duties and the plan of a fixed duty. This latter is the plan which Lord John Russell and his friends—including Messrs. Barry and Roche—will support.

Remember, my dear friends, that I, who, by counselling the people right, extorted emancipation, and put down Protestant ascendancy, in despite of the Orange aristocrats and landlords, who would now deceive and delude you on the subject of the corn-laws—remember, I say, that I, whom you have honoured with the name of the Liberator,—remember, that I tell you that the plan of a fixed duty, which both Roche and Barry support, is infinitely preferable for the farmers, than the sliding and slippery scale with which Leader and the Orange landlords endeavour to gull and deceive you.

As to Leader [Nicholas Leader, one of the Tory candidates.] himself, he is by birth and fortune a gentleman. If he remained quiet, nobody would refuse to admit him to be such. But in politics he is a shabby and despicable fellow. I knew him when he commenced his political career, and he came out not only a Liberal but really as a Radical ; and he is now endeavouring to represent the county of Cork at the head of all the Orange enemies of the people. Say to him, honest men of the county of Cork, “Shame upon thee, Leader! Shame, where is thy blush?”

Whoever votes for Leader, or for any man of his principles, votes for the extermination of Catholicity ; for the Orange Tories—for the haters of Ireland and the Irish—for the revilers of our clergy—for the blasphemers of our religion Those who refuse to vote for Barry and Roche are equally despicable traitors. They are to be loathed and shunned by every honest man.

Those who vote for Barry and Roche vote for the Queen and her ministers ;—for old Ireland and freedom;—for religion and liberty.

Recollect that the faction to which Leader has now attached himself is that which, by the most atrocious treachery, enacted the penal laws against the Catholics ; which set the same price—that is, £5.—upon the head of a wolf and the head of a priest ; which proscribed Catholic education ; which would still employ education for the purposes of trickery and exclusive proselytism.

Leader’s faction is the faction that has proclaimed in the city of Dublin the uprooting of Catholicity ; which seeks the restoration of Protestant ascendancy and Orange domination.

Leader’s faction call your priests ” surpliced ruffians “ and ” anointed vagabonds.”

Leader’s faction call the holy sacrifice of the mass ” mummery.” They call the Catholic religion an “abject superstition” and a “vile idolatry.”

Liberal Protestants of the county of Cork—and you especially, Catholic electors—shall there be found amongst you any man so thoroughly a traitor and a renegade as to give a single vote to Leader, or to the faction to which he belongs ?

Will any of you refuse to vote against the Orange faction, and in favour of my excellent and beloved friend, Edmund Roche, and of his esteemed colleague, Standish Barry ?

Let every man, then, who confides in me, who is ready to take my honest advice—let every liberal Protestant, and let every conscientious Catholic, vote for the religious liberty of Old Ireland.

That is let him record his vote for Roche and Barry.

I am, beloved countrymen, your faithful and devoted servant,

DANIEL O’CONNELL

A Bunch of Hoares

Please excuse the irresistible nod to James Bond.

The second half of the C19th seemed to spawn quite a flourishing industry in genealogy, both as a matter of research, and record, i.e. Burke’s Peerage, Burke’s Landed Gentry etc, as well as privately published family histories. There are quite a number of them, almost always complied and written by men. The quality varies hugely, some are well researched, and provide additional information to respectable sources such as Burke, or John O’Hart. Others range from the camp, and preposterous [Skeffington Gibbon] to meticulously compiled from written Quaker records [Norman Penney]. The following is extracted from

Some Account of the early history and genealogy with pedigrees from 1330 unbroken to the present time of the families of Hoar and Hoare with all their branches: interspersed throughout with anecdotes and incidents in the lives of the principal persons mentioned.” Complied by Edward Hoare. Esq. Late Captain of the North Cork Rifles, and of Factory Hill, County of Cork.  London, Alfred Russell Smith, 36 Soho Square. 1883.

The book itself is incredibly hard work because Edward Hoare provides the information, and anecdotes, under each individual, but links them via a family tree structure that is spread over 94 pages. It means you quite often find three generations of different branches of the family on the same page, and it requires going backwards and forwards to see how people are related.

Edward Hoare’s book falls somewhere in the middle of the range from camp to meticulous. He definitely has an axe to grind, and some scores to settle. He is incredibly keen to prove his noble lineage “I am entitled to quarter over one hundred coats of arms” etc, fairly disapproving of his grandfather, keen to mention two [rather distant] earls in the family, he’s the great, great, great grandson of one, and the great, great, great nephew of another, who is a complete wrong’un. He also absolutely hates his brother, and to quote Tom Leher on Oedipus “he really loved his mother.” Finally, he is remarkably anti-Catholic. An example of which are his comments on his third cousin, John William Deane Hoare: ” In Holy Orders. Curate of Saint Alban’s Church, Rochdale, in Lancashire; afterwards Vicar of Saint Philip’s Church, Sydenham, Kent. Has lately become a Roman Catholic, and a Priest of that Popish and idolatrous Church ! So much for High Church and Ritualism, with perhaps the blood of the “Donoghues ” in addition.”. The Donoghues were John William’s mother’s family, and give every impression of being a fairly respectable family. JW’s father was the [Church of Ireland] Dean of Waterford, and his mother was buried in Waterford Cathedral.

To place him in the story, this Edward Hoare is a second cousin, once removed of Louisa Grace O’Bryen [neé Hoare, a great-aunt x3, who married Rev. Hewitt O’Bryen.] He is also the 1st cousin 2x removed by marriage of Olivia Guinness [daughter of Arthur]. She [Olivia] is Louisa O’Bryen’s aunt. Finally, John William Deane Hoare is Louisa O’Bryen’s nephew.

Over to Captain Hoare:

Edward Hoare [Capt. Hoare’s grandfather] of Factory Hill, county of Cork.: Baptized at Saint Peter’s Church, Cork, 18th May 1751. In the 13th regiment of Light Dragoons; Cornet 16th August 1770; Lieutenant 12th  December 1771; and Captain 16th August 1778; was afterwards Captain in the North Cork County Militia, and engaged in all the encounters with the rebels in 1798 in the county of Wexford, where the regiment lost 60 officers and 106 men; was J. P. for the counties of Leitrim and Roscommon, 28th May 1795, also for the county of Cork; was Deputy-Governor for the county of Cork 20th November 1807. He died at Cullen’s Wood, near Dublin, 22nd Sept. 1831, at the house of his son-in-law, Robert Newenham, aged over 80 years, and is buried at the Moravian Burial Ground, near Dublin, where his wife is also buried. Had 19 children, all christened and baptized, none being twins, but who mostly died young. He spent over £20,000 while in the 13th Light Dragoons, and ruined the property.

He married Martha Tyrrell,daughter of Edward Tyrrell,Esq., of Tyrrelstown, near Gort, county of Galway. Died at Dunville, near Dublin, 20th March 1823, aged over 60 years.

His son- Edward Hoare, Ensign in the North Cork County Militia 21st May 1797 ; Lieutenant 12th Dec. 1799; and Captain 23rd August 1803. J. P. for the county of Cork. Born at Cappavama, in the county  of Galway, 27th April 1782. Died of Asiatic Cholera, at Morrison’s Hotel, Dawson St., Dublin, on 21st August. 1834, and was buried the same day at Saint Kevin’s churchyard, Dublin.

Sir Edward Barry

Joined with his father in his debts, cut off the entails, and sold two portions of the estates to Colonel Gribbings and Warren Hastings Jackson, Esq., in the year 1814. Married, by his cousin, the Reverend Edward Henry Hoare of Limerick, who was also trustee of his marriage settlement, on 15th December 1806, at Saint Anne’s Church, Dublin, to Sophia Barry, second and youngest daughter and coheiress of Robert Barry, Esq., third and youngest son of Sir Edward Barry, first Baronet, Physician and Surgeon- General to the Forces in Ireland (who was M.P. for Charleville borough, county of Cork, 12th March 1743).

 

Gaulstown House

Robert Barry was a Barrister-at-Law and King’s Counsel, of Hume Street and Merrion Street, Dublin, and of Dalkey, county of Dublin. He was also M.P. for the borough of Charleville, in the county of Cork, 24th April 1761 and 12th July 1768. His first wife was Elizabeth Lyons, eldest daughter and coheiress of Henry Lyons, Esq., of River Lyons in the King’s county, M.P. for that county for a long series of years, and J. P. and Deputy Governor, and who [Henry Lyons] married Anna Rochfort, [these two are Capt. Hoare’s great, great grandparents] youngest daughter of George Rochfort, Esq., of Gaulstown, in the county of Westmeath, M.P. for that county (by his wife the Lady Elizabeth Moore, daughter of Henry Moore, third Earl of Drogheda), and sister of Robert Rochfort, first Earl of Belvedere. [Robert Rochfort accused his wife of adultery with his brother Arthur. Arthur was tried for criminal conversation and fined £2,000. Robert kept Mary locked up in Gaulstown House for the remainder of his life. Mary was locked in a room, and apparently, only released for brief periods and not allowed to converse with the staff or even her children. She also had to apply to Robert for permission to walk the grounds. If she was granted permission after declaring the route,  a footman was employed to travel the route ahead, whilst ringing a bell and calling out obscenities about her.]  [Not necessarily a great, great, great uncle one would proudly mention]  Robert Barry married secondly Elizabeth Guillelmine La Touche, only daughter of James Digues La Touche, Esq., of Bellevue, county of Wicklow, but by her had no issue.

Sophia Hoare, my dearest mother (by whom and by her mother also, both coheiresses, I am entitled to quarter over one hundred coats of arms, among them the Royal Arms of the House of Plantagenet). died at Factory Hill 5th March 1823, and was buried at Rathcooney churchyard on the 8th of the same month. She was the best of Mothers and of women; to her, and her alone, I owe everything; and during life I have ever cherished her memory with the purest affection, love, and gratitude.

Their sons:

Edward Hoare. Born at Number 92 (former number) the Grand Parade, Cork city, 29th October 1807. Privately baptized by the Reverend Thomas Newenham. his father’s first cousin. Educated at Trinity College, Dublin. In the North Cork County Rifle Regiment of Militia; Lieutenant 19th January 1846; Captain 11th January 1855. Served with the regiment for over five years on embodied service : retired 21th August 1864. Author of a volume of Poems entitled ‘ Solitary Moments(London : Longmans, 1840). [Available in Google Books, and very basic traditional rhyming poetry] Also of several Antiquarian and Numismatic Works. Is a member of a large number of Literary and Antiquarian Societies, and a contributor to several of the periodicals of the day. The collector and compiler of this volume and Genealogy of the family. Unmarried.

William Barry Hoare. Born at Limerick 14th March 1810. Is a Solicitor and Attorney ; now of Moneens, near Bandon, : in the county of Cork; formerly of Monkstown, county of Cork. The history of the life and career of this exquisite and interesting specimen of humanity is in preparation, far advanced towards completion, and will be shortly published, as a guide and caution to posterity. In the mean time parties interested are requested to examine the Prerogative Office for Wills, Dublin; the Deeds Registry Office ; and the Proceedings of the Irish Court of Chancery, “Hoare v. Hoare,” 1854, 1855, and 1856, for the means and artifices used by this pink of propriety ? fraternity ? honour ? and integrity ? ! ! !  [One can only assume from this that Capt. Hoare felt cheated out of an assumed inheritance. Certainly his brother was wealthy,  owning 2,815 acres in county Cork in the 1870’s.]

Married, first, at Glanmire Church, county of Cork, on Easter Tuesday, 28th Mar 1837, Mary Anne Pratt, only child of John Pratt. Esq., of Woburn Place, Cork. She died at Monkstown 30th August 1872. Buried at Douglas churchyard. near Cork. She was 54 years of age. Had issue three sons and three daughters.

Married, secondly, on the 7th August, 1877, at Saint Stephen’s Church, Dublin. Man Anne Hawkes, second wife and widow of Zechariah Cornock Hawkes of Moneens, near Bandon, county of Cork, and daughter of John Hawkes Harris of Cork. She was the aunt-in-law of his first wife (Mary Anne Pratt, whose mother was sister of Z. C. Hawkes), and therefore she is now grand-aunt and stepmother to W. B. Hoare’s daughters.

Talk of a deceased wife’s sister’s connection ! What is it compared with this hitherto unheard-of alliance ? There has been no issue by this second marriage. The Lord be praised! If there had been, it would have been a puzzle for genealogists to describe the relationships ! ! !

The slightly curious reference “stepmother to W. B. Hoare’s daughters” is mainly due to the fact when the book was written only two of William Barry Hoare’s children were still living. Two sons and a daughter had died young, and the eldest son, another Edward Hoare (1838-1870), a Captain in the 5th Regiment of Foot, the Northumberland Fusiliers had committed suicide on the passage from India, by leaping from the cabin window of the ship into the sea, on the 4th January 1870.  Both the girls, Frances and Sophia, married soldiers, and both Algernon St. Leger Burrowes, Frances’ husband and  Herbert St. George Schomberg, Sophia’s husband ended up as Lieutenant Colonels in the Royal Marines. 

Requiem for the repose of the soul of Mgr. O’Bryen November 1895

PERSONAL NOTES.

Rome, Sunday, October 27, 1895. 

Mgr Henry Hewitt O’Bryen

The telegraph has brought news of the death of Mgr. O’Bryen, Domestic Prelate of his Holiness, who died two days ago at Montreal. The news has been received with the deepest regret, as Mgr. O’Bryen had passed many years in Rome, and had won universal esteem. Though believed to be suffering from apoplexy, he seemed to be in fairly good health. His death was probably caused by a stroke of apoplexy brought on by the fatigue of his travels in Canada and the United States. Until the donation of the Church of San Silvestro in Capite to the English-speaking people, Mgr. O’Bryen had the spiritual care of all the Catholics of English tongue, and the Church of St. Andrea della Valle, parochial for the Piazza di Spagna and its neighbourhood, was that in which he heard confessions. The English sermons on Sundays during the season, which have been a tradition since the days of Pius VII., were delivered in other churches such as the Gesu e Maria, and one of the twin churches, which adorn the Piazza del Popolo. Before coming to Rome, Mgr. O’Bryen had served on the mission in the diocese of Liverpool. 

Sant’Andrea delle Fratte

Sunday November 3, 1895

A solemn Requiem for the repose of the soul of Mgr. O’Bryen was celebrated at the church of St. Andrea delle Fratte on Wednesday last. His Grace the Archbishop of Trebizond, Mgr. Stanley, the Rectors of the English and Scots Colleges, were present. Mgr. Kelly, Rector of the Irish College, sang the Mass.

The above text were found on p.17, 2nd November 1895, and p.16, 10th November 1895, respectively, in “The Tablet: The International Catholic News Weekly.” Reproduced with kind permission of the Publisher. The Tablet can be found at http://www.thetablet.co.uk .

The Murder of James Lawder in 1779

This is from ” The Gentleman’s and London Magazine: Or Monthly Chronologer, for January 1779 p.59.”James Lawder is the husband of a 1st cousin 8x removed; his wife’s grandmother was Catherine Goldsmith, the eldest sister of the poet, and playwright Oliver Goldsmith (1728 – 1774). 

On the morning of the 7th inst. [ Jan 1779] about the hour of two o’clock, a number of villains, with their faces blackened, and shirts over their clothes, broke into the house of James Lawder, Esq: of Kilmore, in the county of Roscommon, armed with guns, pistols, and other weapons, and immediately rushed into his bed chamber, and did then and there commit a most barbarous and inhuman murder on said Mr Lawder, by discharging a gun or pistol, or both, loaded with slugs or large shot into his left breast, of which he soon after expired. They robbed the house of cash to the amount of between four and five hundred pounds; [ the modern day equivalent is £755,000 to £944,000 ]  among which were five five guinea pieces, and two four-pound pieces. They also carried off with them a gun, and two pistols; one of which was mounted with silver, the other an old militia pistol.

Sligo Jan 15. We have the pleasure to hear that one M’Dermott, a butcher, in Carrick on Shannon, and his brother in law, were apprehended and lodged in the goal of Roscommon; and that there is a positive proof of the former’s being the villain who shot Mr Lawder. The first light it is said, thrown on that most abominable fact, was the taking up on suspicion, a servant man belonging to Mr Lawder, who confessed his being an accomplice, and turned approver.

From the Carrick on Shannon Schools Integration Project, we have the following written by someone called Malachy2. 

Kilmore Church, Roscommon

Kilmore Church is built on a dangerous bend. There is not much place to park. The building looks old and grey. Across from it is the Kilmore House. A tunnel is believed to have stretched from the church to Lowfield lake. My granny is buried in the church grounds.

There are many interesting memorial slabs inside the church. It is very dangerous in stormy weather. The hall is nearby. Next door is my Grandad’s house. My grandfather is the caretaker.

The Lawder memorial [ in Kilmore Church]  is the most interesting feature. A large white marble slab is fixed to the wall. It depicts the shooting of James Lawder on 7th January 1779. He was murdered in Kilmore House. The memorial was erected by his wife Mrs. Jane Lawder (neé Contarine). Mrs. Lawder’s mother was a first cousin of Oliver Goldsmith, the famous poet.  Jane Lawder died in Dublin in 1791. 

Captain S. A. Grehan And Miss C. Gaisford St. Lawrence. 1925

Brompton Oratory

CAPTAIN S. A. GREHAN AND MISS C. GAISFORD ST. LAWRENCE.

The wedding was celebrated at the Brompton Oratory last Saturday between Captain S. A. Grehan, O.B.E., M.C., of the Royal Artillery, only son of Mr. Grehan, of Clonmeen, County Cork, and Miss Cecily Gaisford St. Lawrence, third daughter of Mr. Gaisford St. Lawrence, of Howth Castle, County Dublin. Father Edward Pereira officiated, and Mr. T. Galwey was best man. The bride, who was given away by her father, wore a gown of gold tissue and lace, with a train of the same materials. Her veil, of old family lace, was held in position by orange blossoms, and she carried a bouquet of lilies. Her two train-bearers were Miss Bunty Whyte, niece of the bridegroom, and Miss Anne Hope Morley, daughter of the Hon. Claude and Lady Dorothy Hope Morley ; the bridesmaids were Miss Dorothy and Miss Clare Gaisford St. Lawrence, the Hon. Betty Hotham, and Miss Rosemary Rees.

Interior of Brompton Oratory

A reception was afterwards held at 34, Belgrave Square. The large company present included Mrs. Gaisford St. Lawrence, Miss Gaisford St. Lawrence, Mr. Stephen Grehan, Mrs. Whyte, Commander and Mrs. Ryan, the Misses Gaisford, the Right Hon. James Hope and Mrs. Hope, Colonel and Mrs. Chichester Constable, Mr. and Mrs. O. Riddell, Mr. and Mrs. Charles Clifford, Lady Margaret Domvile, Viscountess Gormanston, Ethel Lady Beaumont and the Hon. Ivy Stapleton, Sir Henry and Lady Jerningham, Lady Winefride Elwes, the Hon. William and Mrs. Stourton, Sir Gerald Strickland, Mrs. Molyneux Seel, Mr. Silvertop, Mrs. Eyston, Mrs. Edward Eyre, Mr. Wellesley Colley, Madame Reyntiens, Mrs. Blundell, Mrs. Blount and the Misses Blount, Miss de Trafford, Col. and Mrs. Turville Petre, and many others.

The above text was found on p. 24, 23rd May 1925  in “The Tablet: The International Catholic News Weekly.” Reproduced with kind permission of the Publisher. The Tablet can be found at http://www.thetablet.co.uk .

Obituary – Alderman Ernest A. O’Bryen 3rd May 1919

ALDERMAN ERNEST A. O’BRYEN.

We regret to record the death of Alderman Ernest A. O’Bryen, Mayor of Hampstead, which took place on Saturday night, at the age of fifty-three years, following on an operation from which he at first seemed to be progressing favourably. Educated at Stonyhurst and Cooper’s Hill, he spent some ten years in the Indian Forest Service in Upper Burmah, shortly after its annexation. He retired from the service in 1897 and married in the following year, Gertrude, daughter of the late Alfred Pursell. In 1913 he was elected Mayor of Hampstead, first Catholic to hold that position, and held it till his death. In 1916 he was President of the Stonyhurst Association and the same year was elected a Vice-President of the London Circle of the Catenian Association. During the war he took a leading part in making arrangements for the feeding and accommodation of Belgian refugees, and he also organised and equipped hospitals for the British Red Cross and St. John Ambulance. In 1915, Alderman O’Bryen was instrumental in raising the 183rd Howitzer Brigade and the 138th and 139th Heavy Batteries of Royal Garrison Artillery.

The funeral took place on Wednesday. The Requiem Mass was celebrated at St. Dominic’s Priory, Haverstock Hill, by Father Bodkin, S. J. Among those present were Mrs. O’Bryen and her five children, Mr. and Mrs. A. J. Winstanley, Captain and Mrs. Parker, Mr. Alfred Pursell, Mrs. Edwardes, Mr. and Mrs. E. J. Bellord, Mr. Frank Pursell, Mr. Alfred O’Bryen, Mrs. Rex O’Bryen, Mrs. Basil O’Bryen, the Deputy Mayor, the Town Clerk, Aldermen and Councillors of the Borough of Hampstead, the Vice-Chairman of the London County Council (Mr. A. T. Taylor, L.C.C.), Alderman Sir William Dunn, Bart., Alderman J. W. Gilbert, L.C.C., Mr. W. Reynolds, L.C.C., Mr. John O’Connor, K.C., Canon Burton, Father Robert Bracey, 0.P., Rev. J. Keating, S.J., Father John Leather, 0.P., Mr. J. G. Bellord, Dr. Ernest Ware, Mr. Synnott, Mr. Lescher, and many others. Father Bodkin also gave the Absolutions, and officiated at the interment at Kensal Green, assisted by Father John Leather. Several communities of nuns were also represented in the church. The children from Bartram’s Orphanage lined the road near the church and the entrance to the avenue at the cemetery.

“The Catholic body in London has suffered a severe loss by the death of Alderman Ernest O’Bryen,” writes one who knew him. “The number of Catholic laymen who take a prominent share in London public life is unfortunately not very large, and the untimely death of one who had achieved such a notable success as to be elected six times in succession Mayor of the borough of Hampstead, in which he lived, must fill with deepest regret all those, interested in Catholic social effort in the Metropolis. Those who had the privilege of knowing Ernest O’Bryen intimately were not surprised that he secured the confidence and the esteem of his fellow workers, both Catholic and non-Catholic. An able administrator, with a sound judgment, a strong resolution, a persuasive manner, and a power of appropriate silence—the last a valuable gift in public life, his two outstanding qualities were perhaps his loyalty and his generosity of service. He was loyal, most loyal, to his religious beliefs and practices, loyal to his country, loyal to his friends, and loyal to those co-operating with him. His fellow Catholics know of his loyalty to his religion : Hampstead marked its appreciation of his loyalty to his country at the beginning of the war by re-electing him as Mayor five times to see the war through ; many like the writer have experienced his loyalty to his friends, which showed itself in times of anxiety and difficulty, not in word service but in practical form ; whilst of his loyalty to those co-operating with him his record in public life and in many Catholic organizations with which he was connected will bear willing witness.” 

His great generosity of service has undoubtedly contributed to his breakdown in health. Few London Mayors have exceeded his standard of effort as first citizen of a London borough throughout the difficult period of the national emergency. His achievements in connection with the Prince of Wales Fund, Red Cross and St. John Ambulance work, Belgian Refugees, recruiting for Kitchener’s Army and the Derby Scheme, the Hampstead Tribunal for exemptions from military service of which he was Chairman, the War Loan Campaign, the Food Economy Campaign and the provision of allotments—all are in the records of Hampstead public life, and it is to be deeply regretted that he has not lived to receive the official recognition of these services, which he so richly merited. The Catholic body in London, certainly, may be proud of the excellent record of public service for the common good which a Catholic layman has achieved.

Of his Catholic work it is unnecessary to write at length. The Catholic Federation, in its early days, the Catenian Society, the Stonyhurst Association, Catholic elementary schools, have by his death lost a good friend. If he had been spared, and, as seemed likely, his scope of public service had been increased, all these associations would have benefited materially from his support. His last visit to the writer was with a view to securing material assistance for a Catholic charitable institution, in the development of which he took great interest. His untimely death certainly creates a void in London Catholic life, which it will be very difficult to fill.

The above text was found on p.28, 3rd May 1919 in “The Tablet: The International Catholic News Weekly.” Reproduced with kind permission of the Publisher. The Tablet can be found at http://www.thetablet.co.uk .

Simon Conyers Scrope and Valentine Cary-Elwes

MR. SCROPE.

With deep regret we announce the death of Mr. Scrope, which took place at Danby Hall on Wednesday, after a short illness, during which be received all the Last Sacraments. Born in 1858, and educated at Stonyhurst and the Oratory, Mr. Scrope lived almost all his life at Danby. He was a devoted Catholic, a thorough sportsman, and a true friend. He was a Justice of the Peace and a Deputy Lieutenant, and for many years served in the Yorkshire Artillery Militia, in which he held the rank of Major and Hon. Lieut.- Colonel. Of the family he represented, it is probably superfluous to speak in a Catholic paper. The Times says : “Mr. Scrope was the head of one of the oldest and most famous families in English history. In the course of three centuries from Edward II. to Charles I. the house of Scrope produced two earls and twenty barons, one Chancellor, four Treasurers, and two Chief Justices of England, one Archbishop and two Bishops, five Knights of the Garter, and numerous Bannerets. Shakespeare mentions three of the Scrapes. The grandfather of Mr. Scrope, who died in 1872, laid claim to the earldom of Wiltshire, a creation of 1397, but the decision of the House of Lords was adverse, their decision not following the Devon case.” R.I.P.

MR. CARY-ELWES.

We regret to announce the death of Mr.[ Valentine]  Cary-Elwes of Great Billing, Northamptonshire, and of Roxby and Brigg, Lincolnshire. He was taken ill with double pneumonia on Sunday, and died at his Northamptonshire residence on Wednesday. Mr. Cary-Elwes, who was born in 1832, was the only surviving son of Cary Charles Elwes of Great Billing, was formerly in the 12th Lancers, and served in the Kaffir War in 1831-32. He was a magistrate and Deputy-Lieutenant for Lincolnshire, of which he was High Sheriff in 1873. The following year he was received into the Catholic Church. He was a Fellow of the Society of Antiquaries. He was twice married, his second wife being Alice Geraldine, youngest daughter of the Rev, the Hon. Henry Ward of Killinchy, County Down, brother of the third Viscount Bangor. He leaves two sons and one daughter. The funeral will take place at Billing on Monday. R.I.P.

The above text was found on p.14,19th June 1909 in “The Tablet: The International Catholic News Weekly.” Reproduced with kind permission of the Publisher. The Tablet can be found at http://www.thetablet.co.uk .

Consecration of the Vicar-Apostolic of Gibraltar 1899

THE NEW VICAR-APOSTOLIC OF GIBRALTAR. CONSECRATION AT HAVERSTOCK HILL.

All who were present on Monday last at the church of the Dominican Fathers, Haverstock Hill, on the occasion of the consecration of Bishop Bellord for the Vicariate of Gibraltar must have been impressed by the fitness of the noble edifice for so great a function. The open and spacious sanctuary, well raised above the level of the nave, presented an unrestricted view to all who thronged the enormous church. The beautiful oaken stalls, carved by Peters of Antwerp, were filled with long lines of white-robed friars, black-robed Benedictines, Augurtinians and Passionists, purple-robed Monsignori, and secular priests in their graceful lace-trimmed cottas, while moving about the altar were the officiating prelates and their numerous assistants in performance of their sacred rites and clothed in the symbolic grandeur of their sacred vestments. And through all the splendour of colour and moving forms a grand simplicity was manifest. Those who were present, Catholic and non-Catholic alike, – and not a few non-Catholics were in evidence, – must have been moved, too, by the supreme care and the many safeguards with which the Church in all the details of a sublime ritual surrounds the great act by which the apostolic commission is handed down to individuals in unbroken continuity as it was received from Christ.

The Bishop of Emmaus was the consecrator, and the Assistant-Bishops were Bishop Brindle, D.S.0 , and the Bishop of Southwark. These were attended by their chaplains, the Revv. Fathers Davies and T. Hogan for the Bishop of Emmaus : Fathers Reekes and Coote for the Bishop of Southwark ; Fathers Denny and C. Cox for the Bishop of Hermopolis ; and Fathers Amigo and Armstrong for the Bishop-Elect. The Cantors were the Revv. Fathers Pennington and Wyatt, and the masters of ceremonies Fathers G. Cox and Mgr. Dunn.

Occupying places in the stalls were the Very Revv. Father John Procter, O.P., Provincial ; Father Gabriel Whitacre, O.P., Prior ; the Right Rev. Mgri. Goddard, Moyes, Fenton and Connelly; the Very Revv, Dr. Johnstone, V.G., Provost Moore, Canons Keatinge, Pycke, Scannell and Fannan ; the Revv. Dr. Aidan Gasquet, O.S.B., Father Arthur, C.P. ; Deans Lucas, Reardon, Vere ; several army chaplains ; the Very Rev. P. r ., Kelly, O.S.A. ; the Dominican Fathers Thomas Laws, Reginald Buckler, Austin Rooke, Bernard Sears, Raphael Moss, and Gilbert Tigar ; while a large number of secular priests from several dioceses were in the body of the church.

The Apostolic Brief having been read, the Bishop-elect took the episcopal oath prescribed by Pius VI. for Bishops in the British Empire. Then followed the Examen, in which, response to questions of the Consecrator, the Bishop-elect made solemn profession of faith and fealty and devotion to his episcopal duties, promising to preserve humility and patience, and to be gentle and tender to the poor and to strangers, and to all who suffer want. The Mass begins, the Litanies of the Saints are chanted, the Book of the Gospels is laid open on the shoulders of the Elect in token that while he is appointed to rule over others he himself is subject to the law of the Gospel. A swift-winged moment swept by and the mighty and mysterious act has passed. The consecrating hands have been imposed and the simple word has been spoken ; ” Receive the Holy Ghost.” Almost unobserved, the great central act has been consummated. Then the Mass proceeded, interwoven with, the signs and ceremonies continued the kiss of peace and brotherhood was given, the new-made Bishop was enthroned and endowed with mitre, ring and crozier, while the praises of the Te Deum are resounding, with his new born powers he imparts his solemn benediction. A touch of human interest was there when the Bishop proceeding round the church made scarcely perceptible pause as he extended his hand to a Sister of Mercy who knelt in the foremost seat, and thus it came about that his sister was the first to kiss his hand and receive his happy blessing.

MGR. BELLORD’S CAREER.

The Right Rev. James Bellord, to give the title in full, Bishop of Milevis and Vicar-Apostolic of Gibraltar, was born In London in 1846, educated at St. Edmund’s College, Ware, an, ordained priest at Hammersmith on March 12, 1870, Like Mgr. Brindle, the new Auxiliary Bishop to Cardinal Vaughan, Mgr. Bellord has had a distinguished career as a military chaplain. He served with the troops in Bermuda in 1875-77, and, again in 1888-92, and also through the Zulu, the Boer, and the Egyptian campaigns. Upon him devolved the sad duty of performing the last rites over the body of the late Prince Imperial of France, who, it will be remembered, lost his life during the first mentioned war. The Bishop was present at the battle of Ulundi, at which the Zulus were finally subdued at the battle of Tel-el-Kebir, in Egypt, Father Bellord was severely wounded early in the action, but, despite his own sufferings, he courageously insisted on being carried round to give the consolations of religion to the wounded and dying. For the last few years he has been attached to the garrison at Colchester. Needless to tell, he has always been most popular both with the officers and men at all the stations at which he has served. In consequence of his appointment to Gibraltar the Bishop retires from the army after near thirty years’ service.

Father Bellord is the author of some devotional works, and, last year he published a remarkable book, Meditations on Christian Dogma, founded on St. Thomas Aquinas, to which the Cardinal Archbishop of Westminster contributed a preface: and which has been most favourably received. Three of his sisters are nuns, two being Sisters of Notre Dame and the other a Sister of Mercy at the convent in Crispin-street, London,

LETTER FROM THE EMPRESS EUGENIE.

After the ceremonies luncheon was provided in the Priory. Bishop Patterson, in proposing the health of the new Bishop, referred to him in warm and felicitous terms, and said he had known him man and boy all his life, and had enjoyed as well the friendship of his parents. The toast was receive enthusiastically, and drunk with musical honours. Father Amigo, on behalf of the people of Gibraltar, promised the Bishop a hearty welcome, and Mgr. Goddard, in the course of some graceful reference to the relations of the Bishop, when be was chaplain to the forces in Zululand, with the unfortunate young Prince to whom he administered the last consolations of religion, read the following letter from the Empress :

Villa Cyrnos, Cap Martin.

Cher Monsignor Goddard,—J’ai communiqué à S.M. l’Imperatrice votre lettre du 17e l’informant de la nomination du Père Bellord, à l’Evêché de Gibraltar. Sa Majesté a appris avec plaisir cette nouvelle. Elle se réjouira toujours de ce qui pourra arriver d’heureux à ceux, de près ou de loin, se rattachent à la mémoire de son malheureux fils – et elle felicite le Père Bellord de son élévation a l’Episcopat.

Sa Majesté vous remercie de votre bon souvenir. Quoiqu’elle ne pas complêtement rétablie l’état de sa santé s’est amelioré.  Veuillez agreer, cher Monsignor, l’expression de mes sentiments respectueux et dévoués.

Franceschini Pistri

The Bishop, in his reply, thanked all who had been so kind to him, and whom he held in dear remembrance. The toast of Bishop Patterson was also drank.

In the afternoon, Mr. and Mrs. E. J. Bellord held a reception at their house in Belsize Park Gardens, at which, besides the Bishops and the clergy who had assisted at the functions of the morning, the following ladies and gentlemen were present with many other friends of the family : Colonel Donovan, Major Tibbs, Major Ration, Dr. Ware, Mr. and Mrs. W. B. Hallett, Mr. and Mrs. Le Brasseur, Mr. and Mrs. E. Hanley and Miss Hanley, the Hon. Mr. Parker and Lady Parker, Mr. and Mrs. E. O’Bryen, and Mr. and Mrs. F. W. Pursell.

The members of the Deanery of Colchester presented the Bishop with a handsome pectoral cross as a token of their regard. A gift highly valued for its givers and very beautiful in itself, was the episcopal ring, presented by his sisters, who, as has been said, are nuns. The exquisite Gothic mitre, which Was worn by the Bishop at the ceremony, and was much admired for its beauty, was the gift of his brother, Mr. E. J. Bellord.

The church at Haverstock Hill is full of interest to those who have watched the Catholic revival in England and the reintroduction of the religious orders into the country.

The Friars Preachers or Dominicans, commonly called Black Friars, came into England in 1221, and founded a house in Holborn, removed in 1286 to Ludgate. This was destroyed in 1538, and the Times Office is built on part of the site. Under Queen Mary they established another community in Great St. Bartholomew’s, Smithfield, in 1556, but this was destroyed by Queen Elizabeth in 1559. On the invitation of Cardinal Wise-man, in 1861, the Friars commenced a mission in Kentish Town, and in 1863 began a Priory on Haverstock Hill, which was completed in four years, and solemnly opened May 31, 1883 , It has a total length of 200ft., the nave of 6 bays being 140ft., and the choir 60ft. Fourteen chapels and the high altar are dedicated to the fifteen mysteries of the Rosary, each chapel in the aisles being 15ft. wide. The lady chapel on the right side of the choir, contains the altars of the Holy Rosary, St. Joseph and St. Dominic. The church is in the style of the 13th century, built of brick, with stone dressings. There are several good stained glass windows, especially in the choir, by Hardman and Co., Birmingham. The high altar (late decorated style) Put up and consecrated in December, 1889, cost £ 2,000. The Priory was built by the late Countess Tasker.

The above text was found on p.21,6th May 1899 in “The Tablet: The International Catholic News Weekly.” Reproduced with kind permission of the Publisher. The Tablet can be found at http://www.thetablet.co.uk .

Burke v. Keith

This is the final post, at least for now, in a series called “A deeper look at the Will of William Henry Burke (1792-1870) ” . To re-cap slightly, my starting point for looking at William Burke was one of his sons-in-law Basil O’Bryen. Almost from the start of my research, Basil has been a source of fascination. Certainly a bigamist who abandoned his [second] wife and three children from two marriages. He appears to be fairly wealthy, though rather curiously, he seems not to be a beneficiary of his father’s will. Married at twenty-two to a woman ten years older, widowed, and remarried at the age of twenty-five. But, seemingly, well-thought of by William Henry Burke. As detailed in part four, I had gone to the National Archives to see whether Burke v. Keith could shed any light on the story. It does, and doesn’t, and here’s why.

The front page of the court case was a surprise.

1872-B-No 246 Filed 28th November 1872 pursuant to order dated 1st November 1872

In Chancery

between

William Henry Burke – plaintiff

and

Wilson Keith

Basil William O’Bryen, and Harriet Matilda, his wife

Mary Ann Burke, the wife of William Henry Burke.

and

William Donald Henry Burke

Edmund John Burke

Kate Alice Burke (spinster)

Sarah Elizabeth Burke (spinster)

Walter Keith Burke

all infants

Defendants

So Burke v. Keith and others is a case where Henry Burke is in a legal dispute with his sister, and two brothers-in-law, [Wilson Keith is Mary Ann Burke’s brother] and his wife, and children are also defendants in the case. Prior to this case, there had been the settlement of a caveat against the proof of WHB’s will by Henry Burke, and agreed in November 1870. More detail can be seen in “A deeper look at the Will of William Henry Burke (1792-1870) ” part four. Burke v. O’Bryen followed some time before August 1871, though very frustratingly I still don’t know what it was about. It is, however, safe to assume Henry Burke is still not happy, and, by 1872, Henry is back in court again.  There is a reference to Burke v. O’Bryen 1871 B no 80, which he partly won, in the Burke v. Keith papers, where the Vice Chancellor Sir John Wickens “recognized his right to the residuary estate” but the order was expressly made “ subject to any arrangements the parties may have made between themselves as to the same”.

This time Henry is trying to get the trust for his wife and children set aside. To summarise some of  the key parts:

William Henry Burke of 17 Newman Street, St Marylebone filed his bill of complaint in Chancery on 30th July 1872, amended 3rd October 1872. Essentially his complaint was against the trust his father set up for his daughter-in-law, and grandchildren.

“An indenture of voluntary settlement dated 6th May 1870 was made and executed between and by William Henry Burke since deceased the father of the plaintiff William Henry Burke of the one part and the said William Henry Burke the father, the defendant Harriett Matilda O’Bryen (therein called Harriett Matilda Burke), the defendant Wilson Keith, and the defendant Basil William O’Bryen on the other part as follows: – “

All their addresses are given, William and Harriett Burke are at 32 Thistle Grove, South Kensington, Wilson Keith “of Earls Court, esquire”, and Basil O’Bryen at 18 Gunter Grove, Chelsea. The settlement document was witnessed by John Roche O’Bryen at 28 Thistle Grove, and Corinne O’Bryen who was at 18 Thistle Grove on or about 6th May 1870. 

The “ indenture witnesseth that in pursuance of the said recited desire on the part of the settlor and in consideration of the love and affection which the settlor has and beareth towards his daughter-in-law Mary Anne Burke, the wife of his son Henry Burke, and her issue by his son”

It’s all slightly strange, initially it seems to be WHB looking after his daughter-in-law, and some of his grandchildren. The question is why? Henry Burke was thirty-five years old, he was first a sculptor, and then set up his own firm W. H. Burke & Co.,  who were “at first sculptors and importers of marble and bronze before becoming one of the pioneering firms of the Victorian mosaic revival.” By 1871, he was occupying all of 17 Newman Street, just off Oxford Street  ” these ‘very extensive premises’ included an octagonal modelling room and a large ‘marble yard’ extending behind the neighbours at Nos 18 and 19, reached via Newman Passage.”  In the late 1850s the main premises had become the British and Foreign Marble Galleries of Edwardes, Edwardes & Co., boasting the largest stock in Europe of marble sculpture, and by 1865 were Henry’s workshops. In 1851-2, the octagon room had been used as a studio by Ford Madox Brown, and Dante Gabriel Rossetti. Henry Burke had been in partnership with the Edwardes brothers, and Alfred Edwardes was married to Henry Burke’s elder sister Elizabeth. Henry was recorded in the 1871 census as employing 28 men, and 1 boy. So he appears to have been doing quite well, so why did his father feel the need to provide for Mary Burke separately?

The settlement was arranged to pay Mary £ 300 a year in equal quarterly payments for her “sole separate and inalienable use” with a further caveat that if Henry becomes bankrupt then Mary Burke gets all the income over and above the £300 per year [using the same methodology as elsewhere in these posts, it is a modern-day equivalent of £ 224,000]. Otherwise, the rest of the income is to be invested until the youngest child is 24 or in the case of girls married. The trustees can dispose of assets as they see fit. 

Henry and Mary Burke’s children were

  • William Donald Henry Burke , then aged 10
  • Edmund John Burke then aged 8
  • Kate Alice Burke (spinster) then aged 6
  • Sarah Elizabeth Burke (spinster) then aged 3
  • Walter Keith Burke  then aged 1
  • and George Arthur Burke who died, aged four months, in July 1868

Henry claims that he is entitled to the residuary estate of his father, and the trust funds should be part of it because the length of the entail is so long as to make it ” void ”, and he should get the income apart from Mary’s £ 300 p.a.

This is where it all gets unbelievably frustrating. Three large archive boxes full of papers, most of which were un-related to the case, and crucially NO VERDICT.

It still sheds very little light on why twenty-two year old Basil O’Bryen was regarded as a suitable trustee. Wilson Keith, Mary Burke’s younger brother seems slightly better, but even then he’s only twenty-six. It does make one wonder if part of Henry’s case was simply pique at having to deal with two much younger trustees?

John Roche O’Bryen’s will – 1870

THIS IS THE LAST WILL AND TESTAMENT of me John Roche O’Bryen Esquire of Thistle Grove Brompton in the County of Middlesex Doctor of Medicine I appoint my dear wife Celia Mary O’Bryen and the Reverend Henry Hewett O’Bryen D.D. my oldest son to be Executrix and Executors and Trustees of this my Will and Guardians of my infant children during their respective minorities And I direct that my children be educated in the one Holy Catholic Church of which Pius IX is now Pope. I bequeath to my said dear wife all the wines liquors and other consumable effects which shall at my decease be in or about my dwelling house I also bequeath to my said wife the sum of one hundred pounds for her immediate occasion to be paid to her as soon as conveniently may be after my decease I devise the freehold copyhold and leasehold estates to which I shall be entitled at my decease with their appurtenants unto and to the use of my said trustees their heirs executors administrators and assigns according to the nature thereof respectively upon trust when and as my said trustees in order to effectuate any of the purposes of my Will or with a view to the advantage of my estate for the more convenient division thereof among the persons entitled thereto shall in their discretion find it necessary or expedient so to do to sell my said estates or any part thereof together or in parcels by public auction or private contract or to raise money by mortgaging in fee or for years or by charging my said estates or any part thereof and to do all acts requisite for effecting or facilitating any sale mortgage or charge pursuant to this trust I bequeath the residue of my Personal Estate and effects of every kind to which I shall be entitled at my decease unto the said Celia Mary O’Bryen and the Reverend Henry Hewett O’Bryen upon trust subject as herein after mentioned to convert into money get in and receive so much thereof as shall not consist of ready money or of such investments in stocks funds or securities (whether of the description contemplated by the trust for investment herein after contained or not) as my said trustees shall think it desirable to continue And I direct my said trustees to receive the money to arise from my said residuary personal estates and stand possessed thereof together with the stocks funds and securities to be continued as last aforesaid upon the trusts herein after declared concerning the same And as to the monies to arise from the execution of the trusts herein before contained concerning my real and residuary personal estate and not presently applicable to the purposes of my Will I direct my said trustees to invest the same in their names in or upon any of the securities herein after mentioned And I authorize them to vary and transpose at their discretion as well the stocks funds and securities whereon such investment shall be made as any stocks funds or securities which shall at my decease compose part of my personal estate for any other stocks funds or securities of the description contemplated by the preceding direction And I direct my said trustees to stand seized and possessed of my residuary real and personal estate upon the trusts herein after expressed and declared concerning the same that is to say upon trust to permit my said wife to occupy and enjoy at 28 Thistle Grove my residence aforesaid and to have the use of the furniture and other effects in and about the same including the horse and carriage during her life provided she shall so long remain my widow And upon trust to pay the net income arising from the residue of my said real and personal estate to my said dear wife Celia Mary for her life for the maintenance of herself and children and their education which I request may be of the best character in her power In the event of my said wife Celia Mary marrying again after my decease she will have the interest of her own fortune which is already settled upon her And I direct my trustees to stand possessed of the income of my residuary estate during the remainder of the life of my said wife upon trust for the equal benefit of all my children by my said wife And upon trust from and after my decease to set apart out of my residuary estate the sum of one thousand pounds or stocks or shares forming part of my residuary estate of that value at the market price of the day and to pay or transfer the same to the trustees for the time being of a certain Indenture of Settlement bearing date the thirteenth day of May one thousand eight hundred and seventy made between me of the first part my daughter Corine Margaret O’Bryen of the second part and Mrs Mary Celia O’Bryen and Miss Harriet Matilda Burke of 32 Thistle Grove aforesaid of the third part to be held by such trustees upon such and the same trusts as are declared in and by the said Indenture of the trust estate thereby settled And upon trust after the decease of my said wife Celia Mary to set apart out of my residuary estate the further sum of three thousand pounds or stocks and shares forming part of my residuary estate of that value at the market price of the day to be held by them upon trusts herein after expressed and declared for the benefit of my daughter Evelyn and her issue and to set apart in like manner the sum of two thousand pounds for each of my other children by my said wife Celia Mary living at my death And I direct that the income to arise from each said sum of three thousand pounds and the said sums of two thousand pounds and the investments thereof shall be applied to the benefit of my children respectively until they shall respectively attain the age of twenty five years when the corpus shall be paid to sons and shall be settled upon daughters in manner following that is to say Upon trust to pay the income thereof respectively to such daughter for her sole and separate use free from the control of her husbands and so that such daughters shall not have power to dispose of the income in the way of anticipation And upon trust after the decease of my said daughter in trust for all or such one or more of the child and children and remoter issue of my said daughter such remoter issue being born during the life time of my same daughter at such ages or times or age or time in such shares if more than one upon such conditions and in such manner as my same daughter shall by any deed or deeds with or without power of revocation shall appoint And in default of such appointment and so far as any such appointment shall not extend in trust for all the children of my said daughter who being a son or sons shall attain the age of twenty four years or being a daughter or daughters shall attain that age or marry under that age in equal shares and if there shall be but one such child then the whole to be in trust for such one child And subject to the payment of the several last mentioned sums be and shall stand possessed of my residuary real and personal estate in trust to pay or set apart in manner aforesaid and to transfer to the trustees of the said Indenture of Settlement of the thirteenth day of May one thousand eight hundred and seventy and to stand possessed of the ultimate residue of my estate in trust for such child or children of mine by my said wife Celia Mary as she shall by Will or deed appoint at her discretion the sons when they shall attain the age of twenty five years the daughters when they shall attain that age or marry under that age with the consent (if marrying after my death) of her or their respective guardian or guardians and if more than one in equal shares Provided always and I declare that if any child of mine for whom provision is made by this my Will shall die in my life time leaving issue in existence at my death and who being male attain the age of twenty one years or being female attain that age or marry under that age of each such child of mine so dying shall take by substitution as tenants in common in equal shares per stirpes if more than one (and so that no issue remoter than a child of such deceased child shall take except in case of the death in my life time of his her or their own parent and in the place of such parent) the provision which such child of mine would have taken under the trust in that behalf herein before declared had he or she survived but Provided always and I hereby declare that it shall be lawful for the said trustees or trustee for the time being after the death or future marriage of my said wife or during her widowhood with her consent in writing (and so that the present power may be resorted to for the purpose of making an addition to any of the respective legacies herein before bequeathed to each of my sons attaining the age of twenty five years and to each of my daughters attaining that age or marrying under that age with such consent as aforesaid and so augmenting the provision then immediately available for any such son or daughter of mine respectively) to raise any part or parts not exceeding in the whole one half of the then expectant share or presumptive share of any child under the trusts herein before declared and to apply the same for his or her advancement or benefit as the said trustees or trustee shall think fit And I hereby declare that the said trustees or trustee for the time being shall after the death or future marriage of my said wife apply the whole or such part as they or he shall think fit of the interest dividends and income of the share to which any child shall for the time being be entitled in expectancy under the trusts herein before declared for or towards his or her maintenance or education and may either themselves or himself apply the same or may pay the same to the guardian or guardians of such child for the purpose aforesaid without seeing to the application thereof and shall during such suspense of absolute vesting as aforesaid accumulate all the residue (if any) of the same interest dividends and income in the way of compound interest by investing the same and the resulting income thereof in or upon any such stocks funds shares or securities as are herein after mentioned for the benefit of the person or persons who under the trusts herein contained shall become entitled to the principal fund from which the same respectively shall have proceeded and may resort to the accumulations of any preceding year or years and apply the same for or towards the maintenance or education of the child for the time being presumptively entitled to the same in the same manner as such accumulations might have been applied had they been interest dividends or income arising from the original trust funds in the year in which they shall be so applied Provided always and I hereby declare that it shall be lawful for my trustees for the time being to defer and postpone the sale reversion and collection of the whole or any part or parts of my said real and personal estate respectively so long as to such trustees or trustee shall in their or his uncontrolled discretion deem proper but my real estate shall for the purpose of transmission be impressed with the quality of personalty from the time of my death And I empower the said trustees or trustee during such interval or postponement to manage and to let upon lease or from year to year my real and leasehold estates and to make out of the income or capital of my real and personal estate any outlay which such trustees or trustee may consider proper for improvements repairs insurance calls or shares premiums or policies or otherwise for the benefit or in respect of my real or personal estate And I declare that the net rents and profits or other income produced from every or any part of my real or personal estate previously to the conversion or collection thereof pursuant to the trusts herein before declared shall be applied in the same manner in all respects as if the same were income proceeding from such investments as are herein after directed or authorized and that the whole of the income produced from my estate (real or personal) in the actual condition or state of investment for the time being whether consisting of property or investments of an authorized or of an unauthorized description and whether of a permanent or a wasting character shall as well during the first year from my death and at all times afterwards be applicable as income under the trusts of this my Will no part thereof being in any event liable to be retained as corpus or capital but no reversion or other property not actually producing income which shall form part of my estate shall under the doctrine of constructive conversion or otherwise be treated as producing income or as entitling any party to the receipt of income Provided always and I further declare that notwithstanding any thing herein before contained any investments taken or made for the purpose of this my Will during the widowhood of my said wife (whether originally or upon a variation or transposition of investments) may with her concurrence and consent (whether she shall at the time be a trustee for the purposes of this my Will or not) be taken or made (if the trustees or trustee for the time being of this my Will shall so think fit and in their his or her discretion) in or upon any Government or real or leasehold securities in the United Kingdom or Bank Stock or the Debenture Guaranteed or Preferred Stock or Shares or the debentures or obligations of any Railway or other Incorporated Company of the United Kingdom Colonial Bonds and Russian (Nicola) Bonds or any other stocks funds shares or securities which the said trustees or trustee shall consider fitting and safe and every investment so taken or made shall be deemed to all intents and purposes an authorized investment Provided always and I declare that the provision hereby made for my said wife shall be accepted by her in satisfaction and bar of the dower and freebeuth to which by the Common Law or by Custom she might be entitled in or out of the freehold copyhold or customary hereditaments of or to which I have been or am or shall be seized or entitled Provided always and I further declare that (unless as to any such sum I shall in writing direct to the contrary) all sums which I shall in my life time advance or give or covenant or agree to advance or give to or with any of my children on his or her marriage or otherwise for his or her advancement or preferment shall be taken in or towards satisfaction of the provision intended to be hereby made for such children (as to a child dying in my life time) for his or her issue taking by way of substitution as aforesaid for such child respectively and shall be brought into hotchpot and accounted for accordingly But so that with respect to any child of mine any such future advancement shall be taken as being primarily in or towards satisfaction of the legacy herein before bequeathed to such child of mine respectively and as to the excess only (if any) of the amount of such advancement above such legacy respectively shall be taken in or towards satisfaction of the share of such child in my residuary estate And with respect to the issue of any child of mine dying in my life time and such future advancement in favour of the parent shall not be accounted for unless the total amount of such advancement shall exceed two thousand pounds and then shall only be accounted for to the extent of the excess of such advancement above such sum of two thousand pounds And I declare that if any question shall arise as to the amount to be accounted for the same shall be determined by the trustees or trustee for the time being of this my Will (other than the child the value of whose advancement shall be in question if such child shall happen to be a trustee of this my Will) according to their his or her discretion and such determination shall be final And I declare that if the trustees hereby appointed or either of them shall die in my life time or if they or either of them or any future trustee or trustees of this my Will shall die or desire to retire from or refuse or become incapable to act in the trusts of this my Will before the trust shall be fully performed then and in every such case it shall be lawful for my said wife during her life and after her decease for the continuing trustees or trustee for the time being of this my Will or if there shall be no continuing trustee then for the retiring or refusing trustees or trustee or the executors or administrators of the last acting trustee to appoint any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying or desiring to retire or refusing or becoming incapable to act as aforesaid with liberty upon any such appointment to increase or diminish the original number of trustees and upon every such appointment the trust premises shall be so conveyed and transferred that the same may become vested in the new trustee or trustees either jointly with the continuing trustee or trustees or solely as the case may require and every such new trustee (as well before as after the trust premises shall have become vested in him) shall have all the powers and authorities of the trustee in whose place he shall be substituted I devise and bequeath all estates vested in me as a trustee or mortgagee unto the said Celia Mary O’Bryen and the Reverend Henry Hewett O’Bryen their heirs executors and administrators subject to the trusts and equities affecting the same respectively but so that the money secured by any mortgage shall form part of my personal estate In witness whereof I the said John Roche O’Bryen the testator have to this my last Will and Testament contained in this and the nine preceding sheets of paper set my hand this sixteenth day of May in the year of our Lord one thousand eight hundred and seventy – John R. O’Bryen M.D. – Signed by the said John Roche O’Bryen the testator as and for his last Will and Testament in the presence of us (present at the same time) who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses – William Henry Burke 32 Thistle Grove, Brompton  – Chas Jas Richards Clerk to Jas Warner 61 Chancery Lane & 9 Livermere Road, Dalston

 

The Grant of Probate for John Roche O’Bryen’s Will shows assets valued at under £14,000. 

This transcription of John Roche O’Bryen’s Will is reproduced from the original manuscript copy retained by the Probate Office Sub Registry in York .