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Memoranda concerning the will of Thomas Newburgh

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"Manuscript memoranda concerning the will of Thomas Newburgh the elder, about lands in the estate of Ballyhaise Co. Cavan. Memorandum is in the form of an explanation of Newburgh's will (including an extract) and a number of queries about the inheritance rights of his sons including his second son Broghill."
[From the Marsh Library Catalogue, Ms Z2 1. 7. ]

103
30
Thomas Newburgh the Elder being seized in ffee of Lands in England
and of the lands of Mullaghcroghery and Coolackendys in Ireland Devifes in thefe
words I give and bequeath to my Second Son Broghill the Estate of Inheritance
I have in Highworth in the Kingdom of England to him and his Heirs he paying
out of the Said Estate the Sum of 40£ pounds to his Mother during her life. I also
bequeath to the said Brog.hill the two Poles of Land called Mullagheroghery
and Colackendys in the County of Cavan to him and his Heirs for ever provided always
and it is my Will and pleafure that if the Estate of Ballyhaise shall fall to
the said Bro: by the death of his Brother that the he shall quit and relinquish
his interest hereby Granted him the said two poles above specifyed together with
all Improvements he shall make thereon unto his younger brother H. N.
to whom I do give the two poles of Trough ec all which I do freely give and
bequeath to him and his Heirs for ever and devises to other Sons and other Lands.
      It is also my will and pleasure that if any of my four younger Sons
Shall die without issue of their bodys begotten that then the Estates soe hereby ----
devised unto them shall be equally divided amongst the Survivors of the Said
brothers.
      Tho: Newburgh Testator dyes
B. his Second Son (in the Lifetime of T. N. Junr his Brother who was --
Seized in Fee of Ballyhaife Estate) Levys a fine and Suffers a Common Recovery
of the two poles of Mullaghcroghery and Coolhendys H. N. then and Still a Minor.
Tho: the brother afterwards makes his Will in thefe words. I leave my Estate
in Efsex to my brother B. and his Heirs Subject to the payment of Such debts
and Legacys as I do owe or hereby bequeath to any within the Kingdom of England.
As to my Estate in the County of Cavan. I hereby give and bequeath the same to
my brother George Vaughan and to his heirs to the intent that he with the a
ccruing prefits thereof Shall pay off and discharge all my afforsd debts and
Legacys and then names Several debts Legacys -- and then Says further
that in regard my Said brother Vaughn lives at a great distance from my
concerns. I do therefore defire him if he think fit to employ and intrust my
said brother Braghill in receiving of the Rents and paying debts and Legacys
allowing 3d in the pound for and in lieu of his pains and all Charge he Shall
be at therein out of the profits of the Said Estate for all debts and Legacys he --
prefents that So Soon as the Said debts and Legacys are Satisfyed and discharged
to wit Such as are immediately payable by perception of the Said --
Estate or otherwife that then my Said brother Vaughan and his heirs shall
and will by good conveyance in the Law Such as the Councell of my brother
Shall advise convey afsure and make over unto the said Broghill and his heirs
unto his and their own proper ufe and belong all the Estate right [of the &]
and hereby granted to him the Said George Vaughn and his heirs in the Said
Lands or else where in the County of Cavan Subject to the debts and Legacys etc
      George Vaughn never intermedled or took the trust on him but by Deeds
of Leafs and releafe conveyed the whole Lands of Ballyhaife to B.
and his heirs.
   
Q Whether any and what Estate is by the Will of Thomas the Elder
given to H. in the two poles of Mullagheroghery & Coolashendys
   
Q Whether the fine and Recovery Suffered by Broghill has any
way and how for prejudiced H
   
Q Whether the Estate of Ballyhaise may be Said to fall to Broghill by
the death of his brother Tho in regard of the Devife to Geo Vaughn or how
far does the Will of Tho: the younger influence this matter.
   
Q Whether H. has any and what remedy for the recovery of the two poles
   

The Will of Thomas Newburgh

1696 Will of Tho. Newburgh

62

To all Christian People to whom this present writing Shall come I Thomas Newburgh of Ballyhaise in the County of Cavan Gent. Sendeth Greeting Know yee that I the Said Thomas Newburgh being apprehensive of the fragility and -- uncertainty of humane life in a reafonable State of health and of Sound and perfect understanding doe conftitute and appoint thif my laft will and teftament in manner and form following In the first place when it shall pleafs God to call me hence I desire and hope I shall wth an humble Refignation give up my Soul & Spirit into the Disposall of that Allmighty Creator who gave it to me hoping for Eternal happinefs by his mercies and the meritts of our blefsed Saviour and my bodyI desire may in decent] but no very Expensive -- manner be commited to ye grave Defiring to be layd by my Dear Mother in the Church of Ballyhaise in cafe I Should happen to Dy in the Kingdom of Ireland. In the next place I doe give and bequeath to my Dear Sifter Mrs Elizabeth Green Twenty pounds per annm during her life and att her death Two hundred pounds to be divided amongst Such daughters as Shee Shall leave behind her at her Death -- but not payable unto them until their Marriage or Age of 21 years I doe alfoe in like manner give and bequeath -- to my Dear Brother Sifter [Pockrish] Twenty pound per ann during her life and at her death Two hundred pounds to be divided amongst Such daughters as She Shall leave behind her at her Death but not payable unto them until their Marriage or Age of 21 years I alfoe give to my Sifter Vaughan the sum of ten pounds to buy her a peece of [plate] and the like to my Sifter Huburgh Sifter Green & Sifter Pockrish each of them With good Mourning rings to all my brothers and sisters likewife to my Coffen Oliver Moore hif Brother and Sifter & to my Cof: Conniers Perrott Cof: Hamilton Cof: Davenport [Cof:] Guilliams And to my good Stepmother now Councillr Saunders wife who if not to be forget amongst my relacions I doe bestow Legacy of forty Shillings left me by my Father af his Eldeft Son in his will wth all thofo heavy Stones with wch I was therein to be Stoned to Death for I doe pofitively affirm it was only to her I was obliged for thofe resentments in my Father wch was sd Occafsion of thofe Uncharitable and Undeserved provisions I allsoe] give and bequeath Unto Mr -- Loder (?)] from whom I bought the [Jududgent & Statute] upon my Estate in Essex the Sum of Twenty pounds in Stead of five pounds wch I owe him and to Robt White now in the blew Coat Hospital Twenty pounds in Stead of Seven pounds Ten Shillings wchstet I :_ owe him to be paid to him at the age of Twenty One years and if he Should Dye before that age then ye Sum of Seven pounds Ten Shillings to Dr. Garch being Money he Sayes he Expended for him in his Child hood [Item] I give to my manstet my Sword and all my wearing Apparell Except wht I have left in my houfe in England when I left it I alfoe give to my ServtAnn Bearn five pounds in Money and all the Goods I have in my houfe or Elf where in Efsex Except money due to me from] Daniel Avery and the reft of my [tenants] and [Except] my books papers [Instrumts of Musick] & Hay Stacks. I alfo give [for ye] building of the Church of Ballyhaise the Sum of Fifty pounds and in café it Should happen to be built before will takes effect then [I doe] hereby order yt Sum to be Expended in Ornaments and beautifying the Same Church and to Erect a tomb for my dear Mother and I doe alsoe give the Sum of Thirty pounds to build an Alms house in the said Church yard of Ballyhays for some poor Widdowes Natives of the Parifh of Ballyhays aforesaid and I do hereby grant unto the prefent Minister and Churchwardens of of the Said Parifh Rent Charge of Ten pounds (per) ann to issue out of the two poles of Crofsreagh & Ragaskin to them and their Sucefors for ever and to the ufe of the Said [alms] houfe in ye first place to keep the Houfe from time to time in repaire after the same if once built and then to lay out the remainder of the Said [£10] pounds (per) ann in wool and flax to be Equally diftributed amongst the Said ten Widdowes] to work up to their own use but Such of them af Shall be truely impotent may have their proprotion paid them in Money all the rest of my personall (per is contracted)] Estate I give to my Dear Brother Brockhill Newburgh and allfoe all my Estate in Effex and [that] to have and to hold the Same to him and his heirs and Exrs for ever Subject never the lefs to the paymet of all Such debt and Legacies as I owe and or hereby bequeath to my Brother George Vaughan and to his heires to his ye [Intent] that he with the accruing profitts thereof shall pay [and discharge] all my aforementioned Debts [Legacies] and pluraly one Debt I owe a Gent in England of fifty pounds whofe bond is in [Mr Stanlock] the Scriveners hand who lives in the Old Bayly in London Some Small remainder of a bout a hundred and fifty [pound] to the vallue of about 20s: or 30s: [ to Henry Bolt ] wch if sd unsatisfied due to th Said [Stanlocke] To my Tailor indebd Henry Cope in Nevells] Ally in John Lane London [12s] To Henry Bolt of Grays inn Esqr ?s to Some persona in Wales being
money
[Money layed in Excheqrand deposited in my hand by the order of Mr, Patrick Farrly] abt Seven yeares fees never demanded but not recoverable either in Land Equity or Equity abt ye ? but in yt regard my Sd Brother Vaughan [lives ata great distqance from my Concerns] therfore defire him if he thinks fitt to Imploy and Intreat? my Said Brother Brockhill Newburgh in recovering of the writts and paying debts and [Legacies] allowing him Two Shillings in the pound for and in lieu of hif pains and all charges he Shall be at therein out of the profitt of the Said Eftate for all Debt and [Legacies] he Shall Soe pay aforeSaid. It if also further the Intent and meaning of thefe Presents that So Soon as the Said Debts and [Legacies] are Satisfied and Discharged in Such wiseare immediately payable by preception of the profitts of the Said Estate otherwife That my] Said Brother Brockhill and his heires Shall and will by good Conveyances in the Law Such af the Councell of my Said Brother Brockhill Shall advife may afure and make over unto the Said Brockhill Newburgh and his heirs unto his and their [propors and Collofe] your guess is good as mine! Proper use and behoofe? all the Estate right Title and Interest hereby granted to him the Said George Vaughan and hif heires In the Said Land or Estate in the County of Cavan aforefaid Still Subject never the less to all Excutors Debts or legacies mentioned and not Immediately payable and af to all other matters and to pay my Debts and Legacy wth my personall Estate soe farr as it will go and I doe hereby make him my said Brother Brockhill the Sole Exectr of this my laft will & Teftamt revoking and annulling all other and former wills heretofore by me made or perfected In Witnefs whereof I havehereto Set my hand
and Seal this 16th day of April [AnnoDni ] 1696 Tho. Newburgh [(seal)]
Sealed? and Published
Oliver Moore Jn Ballard
Charity Ballard
Owen McCabe?
Ricd Cade? 		 

Acknowledgment

It is a pleasure to acknowledge the assistance of the staff at Marsh's Library, especially Sue Hemmens who assisted in transcribing the info presented here.