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Last Will and Testament of Peter Smithwick of Barnlough



Source Information

  • Short Title Last Will and Testament of Peter Smithwick of Barnlough 
    Publisher Eneclann 
    Source ID S76 
    Text [Cover]
    Dated 9th July 1834
    No. 9
    Copy administration with will annexed
    _ nom of Peter Smithwick Deceased 1845
    T12279

    In the name of God Amen, I, Peter Smithwick of Barnlough in the County of Tipperary Esquire being of sound mind memory and understanding but considering the uncertainty of this Mortal life Do make publish and declare this as and for my last will and Testament hereby revoking and annulling all former and other will and wills and Codicils by me at any time heretofore made I direct that my funeral expenses and all my Just debts shall be paid by my Execs herein after named as soon after my decease as they conveniently can do so

    I leave demise and bequeath all my right title and interest in the Lands of Barnlough and the dwelling house therein which I hold from the Reprs. of Lady Caroline Damer Deceased unto my eldest son Thomas Smithwick and to his heirs and assigns subject to the Head rent payable thereout and also subject to the Charges herein after particularly mentioned that is to say in the first place subject to the payment of a Sum of £500, which I hereby charge upon my said Lands of Barnlough and which I Direct to be paid to my Execs hereinafter named with legal interest from the day of my Decease towards forming a fund for payment of the legacies herein after specially bequeathed to some of my younger Children hereinafter named and to form a part of my personal property and in the event of non payment of said Sum of £500, at any time within twelve months after my decease by sale or otherwise of said Lands or a Competent part thereof for the purposes aforesaid

    I leave and devise unto my dear wife Eliza Smithwick during her life an annuity of £100 ste. a year which I hereby also charge upon my said lands of Barnlough said annuity to be made in lieu bon and satisfaction of a certain jointure provided for her by my marriage settlement the lease of the lands which said jointure was made changeable with having expiring and I further declare said annuity of £100 a year is to be made in lieu Bon and satisfaction of all other claims which she may have or make upon my estates and properties real and personal for dower or _ or otherwise said annuity of £100 to be paid by two equal half yearly payments. On every 1st day of May and 1st day of Nov in each year the first payment thereof to Commence and fall due on whichever of said days shall happen next after my decease and in case said annuity or yearly sum of £100 shall happen to be behind hand or unpaid by the space of 21 days my or either of the days appointed for the payment thereof then so often as it shall so happen it shall and may be lawful to and for my said wife into and upon the said lands of Barnlough or any part thereof to enter and _ and the distress and distresses there and these found to take lead drive and carry away and impound and thereof to dispose according to Law for payment and Satisfaction of the said annuity and all arrears thereof and all Costs and Charges and Expenses incurred in the taking and Sale of such distress.

    I leave devise and bequeath all my right title and interest in the Lands of Lisheen which I hold from the repose of the late James Hewett Massy Dawson unto my second son Robert Smithwick subject to the Head rent payable thereout and also subject to the payment of the Charge of £100 herein after mentioned. I also leave devise and bequeath all my right title and interest in that part of the Lands of Barnlough containing 140 acres or thereabouts which I bought from my late Brother Henry Smithwick unto my said second son Robt Smithwick subject also to the head rent payable thereout and also subject to the payment of the said charge or sum of £400 which I hereby charge upon my said lands of Lisheen and that part of said Lands of Barnlough which I bought from my said brother Henry Smithwick and which I direct to be paid to my Executors hereinafter named with legal interest from the day of my decease towards forming a fund for payment of the legacies hereinafter specially bequeathed to others of my younger children hereinafter named and to form a part of my personal property and in the event of the nonpayment of said sum of £400 at any time within twelve months after my decease by sale or otherwise of said lands or a Competent part thereof for the purposes aforesaid.

    I leave devise and bequeath all my right title and interest in the lands of Pegsborough unto my fourth son Henry Smithwick subject to the Head rent payable thereout.

    I leave and bequeath unto my third son Peter Smithwick the sum of £600 and my wish and desire is that he should be brought up to such business as he may be best fitted for.

    I leave and bequeath unto my fifth son John Smithwick the sum of £500

    I leave and bequeath unto my my daughter Eliza Smithwick the sum of £600, and unto my daughter Martha Smithwick the sum of £500 and the like sum of £500 unto my daughter Kate Smithwick and the further and like sum of £500 to my daughter Letitia Smithwick and in case of the death of any my said children Peter Smithwick John Smithwick Eliza Smithwick Martha Smithwick Kate Smithwick and Letitia Smithwick under age and without having been married my will is that the legacy or Legacies bequeathed to him her or them so dying as well as his or her original legacy or such sum as he or she may become entitled to by survivorship or forfeiture shall be divided amongst the surviors and survivor of all and every any children share and share alike. The said several legacies to bear interest at the rate of 5 pounds per cent from the day of my decease and to be paid and payable to each of my said children on their arrival at age or day or days of marriage provided they respectively shall marry with the consent of my Executors hereinafter named or the survivor or survivors of them or such of them as may at and my will is that in case any of my said children shall marry under the age of 27 years with out the consent of my said Exors hereinafter named or the survivors of them or such of them as shall act as such Executors or Executor that the legacy or legacies of him her or them so marrying without such consent and also such sum shall pay the respective legacies hereinafter particularly mentioned to my several and respective children at the respective times aforesaid out of the produce of of all and singular my personal property which alone together with the two said charges of £500 and £400 I make chargeable herewith and I hereby appoint my said daughter Eliza Smithwick my residuary Legatee to whom I leave devise and bequeath the part residue and remainder of all such property real and personal as I shall die possessed off or entitled unto of every kind and description real freehold and personal as I shall die possessed of or entitled unto of everh kind and description real freehold and personal in possession remainder or expectancy and not herein reposed of by this my last will and lastly I hereby Nominate Con_itate and Appoint Henry Smithwick of Mount Catherine Esqu Peter Smithwick of the Town of Tipperary M.D. and George Smithwick of Cottage Esqu Execs of this my last will and testament and guardians of my said several children. In witness thereof I have herein to this my last will and testament subscribed my name and affixed my seal this 9th day July 1836 and have subscribed my initials to each page hereof consisting of six pages.

    Peter Smithwick seal Signed sealed published and declared by the Testator Peter Smithwick as and for his last will and testament in our presence in his presence and in the presence of each other and by his desire have subscribed our names as witnesses hereto

    Robert Smithwick Mary Deane Peter Smithwick 
    Linked to Eliza Smithwick
    Elizabeth Smithwick
    Henry Smithwick
    John Smithwick
    Kate Smithwick
    Letitia Smithwick
    Martha Smithwick
    Peter Smithwick
    Peter Smithwick
    Robert Smithwick
    Thomas Smithwick