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Legal documents arising out of efforts to establish title to the properties known as nos. 138-140 Church Street. The properties consisted of three dwelling houses fronting onto Church Street and four houses in Willis’s Court. In 1886, Fr. Nicholas Murphy OSFC and other Capuchin friars agreed to purchase John Coyle’s interest in a lease of the properties dated 28 May 1856 (See CA CS/2/2/3/2). The Capuchins also intimated an interest in purchasing the interest of John Coyle’s landlord, Frederick Kennedy, whose title derived from a lease of the premises for lives renewable forever at the yearly rent of £27 6s 0 (late Irish currency) dated 2 Oct. 1783. It was resolved that Coyle would take a conveyance of the properties from Kennedy (See CA CS/2/2/3/10) and that Coyle would then convey the interests in both leases to the Capuchins. The transfer of the properties was rendered more difficult by the loss of the original lease of 2 Oct. 1783 and by the absence of registered copies of Kennedy’s renewal leases of 28 Dec. 1815 and 13 June 1856 (See CA CS/2/2/3/1). The file includes legal documents generated in order to prove title to the interests held by both Coyle and Kennedy and to facilitate the transfer of the premises to the Capuchin friars. The documents include:
• Copy memorial of a lease (2 Oct. 1783) from George Kiernan, apothecary, and others to Robert Shutter, merchant, of the above-noted properties for lives renewable forever at the yearly rent of £27 6s 0. Copy made at the Registry of Deeds, 10 Mar. 1883.
• Assignment from John Hanrick and Joseph Bolger of the aforementioned premises to John Coyle in consideration of the sum £220. 2 Apr. 1883. With copies of said assignment.
• Abstract of title of Maryanne O'Brien and the trustees of the will of the late James Willis to houses and premises at 138-140 Church Street with four houses at the rear of 139 Church Street in Willis's Court. 20 Apr. 1883.
• Copy will and probate of John Willis, 139 Church Street, Dublin, 4 Feb. 1865. Willis died on 24 Feb. 1865. The copy will was compiled by Frederick Kennedy, 4 Lower Ormond Quay, c.1886.
• Instructions for Philip White, barrister, to advise on title occasioned by the transfer of nos. 138-140 by John Coyle to Fr. Nicholas Murphy and other Capuchin friars. The instructions refer to the intention of the Capuchin friars to demolish the four houses in Willis’s Court and to sell or demise the three houses fronting onto Church Street for a period of twenty years. White wrote: ‘On the whole I would, having regard to the fact that no other premises will suit the querists’ [the Capuchins] purpose, and to the fact that querists have had the risk of being restrained from pulling down the houses thoroughly explained to them and that they are prepared to run the risk, accept the title shown both to Coyle’s and Kennedy’s interests’. 23 Nov. 1886.
• Abstract of title of Frederick Kennedy to premises on Church Street. The abstract commences with a recital of the lease of George Kiernan and others to Robert Joseph Shutter of a ‘messuage, tenement and dwelling house … situate on the west side of Church Street ... containing in the front to the said street from north to south 55 feet, in the rear 22 feet, and in depth from east to west 185 feet … situate in the parish of St. Michan, for lives renewable forever at the yearly rent of £27 6s 0d. The abstract concludes with reference to an assignment of said premises by Henry Smith to Frederick Kennedy (12 Mar. 1883). The document was prepared by Frederick Kennedy in c.Nov. 1886.
• Conveyance and assignment by John Coyle to Fr. Nicholas Murphy OSFC and others of the aforementioned properties. In consideration of £710. 14 Jan. 1887.
• Conveyance by Fr. Nicholas Murphy OSFC and others to Fr. Paul Neary OSFC and others of the aforementioned properties on Church Street to hold in fee simple. (17 Mar. 1888).

Assignment from Henry Smith, Capel Street, ironmonger, to Frederick Kennedy, 4 Lower Ormond Quay, of the messuage, tenements and dwelling house known as nos. 138-140 Church Street. The deed also assigns the arrears of rent due on the properties to Frederick Kennedy. In consideration of £150. The file includes a copy of the deed of assignment.

Copy lease of William Tankerville Chamberlain (1751-1802) , Justice of the Peace, Court of King’s Bench, Dublin, to William Hamilton and Mountjoy Hamilton, Stafford Street, Dublin, of a dwelling house on Church Street ‘near the old bridge’ for 900 years at the yearly rent of £10. The original lease is dated 4 March 1796. The copy was made at the Registry of Deeds for Thomas Falls, solicitor. The file includes a copy memorial of the said lease.

Lease of Ann Boyd, widow, Jane Hamilton, Ann Boyd, spinsters, and Henry Lawes Luttrell (1737-1821), 2nd Earl of Carhampton to Mathew Butler of a house with its appurtenances situated on the north side of King Street, Oxmanstown, Dublin, for 999 years at the yearly rent of £44. With a later copy.

Copy lease of Frances MacDonnell, Bath, Somerset, widow, to Fr. Lawrence Gallerani OSFC, Fr. Daniel Patrick O’Reilly OSFC and and Fr. James Edward Tommins OSFC, North King Street, of ‘4 houses or tenements with the stables, warehouses and buildings, yards and lands thereunto belonging, and known as nos. 47, 48, 49 and 50 North King Street …’, for 9,000 years at the yearly rent of £77 and in consideration of the sum of £500. 19 Sept. 1862. With drafts and and copies of leases and related solicitors’ correspondence. The file also includes a declaration by Terence O’Reilly affirming that he has been solicitor for the Capuchins for more than 30 years and that the original of the aforementioned lease ‘has gone astray and cannot be found’. O’Reilly also avers that the sum of £200 mentioned in the said lease remains unpaid and that no claim or demand has ever been made by Frances MacDonnell or her representatives. O’Reilly also referred to his clients’ objections to a covenant for re-entry in the draft lease as ‘it would be very hard, if after paying £300 on execution of lease and after expending probably four times the amount in building (as they hope to have a large portion of the Church built before next July), if by any chance they were unable to pay the £200 by July which though not probable is possible, your client should be liberty to re-enter’. 15 Aug. 1862. With solicitor costs to Fr. Lawrence Gallerani OSFC and other Capuchin friars for preparing leases for the said premises on North King Street. 17 Dec. 1869.

Memorandum of agreement between Thomas Douglas Yourell and Fr. Daniel Patrick O’Reilly OSFC and Fr. James Edward Tommins OSFC regarding the furnishing of title to 47 North King Street by Thomas Douglas Yourell and his right to convey the said properties free from encumbrances and freed and discharged from the annuity to Rosetta Yourell referred to in the deed of 21 Mar. 1863 (See CA CS/2/2/4/17). With copy.

Correspondence regarding a legal dispute arising out of a lease of 48 North King Street offered by the Capuchin friars to Patrick Macken. On 14 Dec. 1871, Fr. Daniel Patrick O’Reilly OSFC wrote to Macken offering him a lease of the said premises at the yearly rent of £38. Correspondents include Terence O’Reilly, solicitor, Patrick Macken and Henry Oldham, solicitor, 42 Fleet Street, Dublin. A note from Fr. Seraphin Van Damme OSFC is also included in the file. It reads ‘Make Mr. T. O’Reilly hasten with the maps and valuation of N. King Street properties and N. Brunswick Street to get the faculty from Rome for selling them’.

Memorandum of agreement between Mary Anne Magrane, widow, Church Street, and Fr. Daniel Patrick O’Reilly OSFC and other Capuchin friars, North King Street, regarding the purchase of the houses and premises known as nos. 22-23 Bow Street held by the former under a lease (dated 1 Jan. 1849) from William Bagot for the life of the Duke of Leinster or for the residue of a term of 31 years at the yearly rent of £18. The purchase price is stated as £250. With draft (28 Nov. 1874) compiled by Terence O’Reilly, solicitor, 5 North Great George’s Street.

Letters of William Read & Son, 4 Dawson Street, Dublin, solicitors for John Jameson & Son, distillers, to Terence O’Reilly, solicitors for the Capuchin friars, concerning a dispute over rights of passage from Church Street to Bow Street. On 9 May 1883, William Read wrote ‘your clients are enjoying the use of those passages and have not for a considerable time paid any rent for same … and our applications and draft of leases have hitherto been treated with silence on your part …’. On 31 Oct. 1882, John Jameson instructed his solicitors to let it be known ‘that he will not press for the present payment of the arrears of rent due £103 10s 0d nor will he ask for interest thereon provided the principal be paid within a reasonable period (say twelve months) and the future rent paid punctually’. With a rental account of John Jameson & Sons with the Capuchin community, Church Street. 2 Oct. 1882.

Copy will and probate of Matthew Murphy, 43 Montpellier Hill, Dublin, veterinary surgeon (d. 15 Nov. 1897). He devises the rents and profits accruing from his various properties (including premises on Bow Street) to his nieces Elizabeth and Mary Anne Murphy. They are to be paid an annuity of £25 per annum. The probate was granted on 4 January 1898. The certified copy of the will and probate were made on 26 August 1904. With a statutory declaration by Matthew Murphy stating that he is the eldest son of Matthew Murphy (d. 15 Nov. 1897) and that his mother (Ellen Murphy) was a daughter of Thomas Fallon (d. 20 Sept. 1871). The declaration is signed 26 August 1904.