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Tommins, James Edward, 1812-1889, Capuchin priest File Papers of St. Mary of the Angels, Capuchin Friary, Church Street, Dublin
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Case of William Butler and the defraying of expenses of new church

The documents relate to a dispute in relation to the will (23 May 1885) of the late William Bruton who bequeathed a legacy of £100 to defray the debt incurred in the construction of St. Mary of the Angels. The executors of the will submitted a case to Richard P. Carton, barrister, who advised that the legacy was void as it was made to a religious order. The file includes a case on behalf of Fr. Tommins and Fr. Maher, surviving grantees in the deed of assignment of 9 July 1875 (see CA CS/2/2/1/10). The case was submitted to J.B. Murphy, 6 Mountjoy Square, barrister, for opinion and reads: ‘It is submitted on behalf of querists that the bequest is not to the religious order, but to the Church which belongs, not to the religious order but to the grantees in the said deed who might, should they so desire convey the same, and as a matter of fact did exercise their right’. With copy correspondence between Terence O’Reilly & Sons, solicitors for the Capuchin friars, and Michael Coyle, 1 Capel Street, solicitor for the executors of William Butler. The file also includes a copy extract from the above-noted will made by Michael Coyle, solicitor. The will extract notes that Butler also bequeathed £200 towards defraying the debt due for the building of the Holy Family Church, Aughrim Street, Dublin.

Assignment of Patrick Regan to Fr. Lawrence Gallerani and others

Assignment of Patrick Regan, North King Street, baker and corn merchant, to Fr. Lawrence Gallerani OSFC, Provincial Minister of the Capuchin community, Fr. Daniel Patrick O’Reilly OSFC, Vicar of the said community, and Fr. James Edward Tommins OSFC, who jointly act as trustees for the Church Street community of friars. The deed notes that all the properties and interests of Patrick McDaniel and Richard Lynch as recited in the above-noted leases of 1 Jan. 1796 and 1 Sept. 1829 (See CA CS/2/2/4/2 and CA CS/2/2/4/5) are vested in Patrick Regan who agrees to assign the un-expired residue of the terms of these leases to the Capuchins. In consideration of £350. A portion of this purchase money (£300) is to be paid on the execution of the abstracting deed and the remaining £50 is to be paid within five years. The properties on North King Street are now known as nos. 49 and 50. The assignment also refers to a yard between Patrick Mathews’ holding on North Brunswick Street and the aforementioned Patrick Regan’s holding on North King Street ‘upon which he has erected a bakery and bakehouse ... being the entire premises comprised in an indenture of lease of the 13th day of June 1856’. With copy.

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