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Papers of St. Mary of the Angels, Capuchin Friary, Church Street, Dublin
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Declaration of George Lynch

Declaration of George Lynch (aged 94), Ulverton House, Dalkey, affirming that his father William Lynch of Roscrea, County Tipperary, died at Dr. Steevens’ Hospital, Dublin, in 1827. He also states that his brother, Gilbert, died intestate in Sheffield in 1830 at the age of 22. The declaration was made for the satisfaction of Fr. Edward (Peter) Bowe OSFC and relates to the purchase by the Capuchin friars of premises on Carter’s Lane. (See CA CS/2/2/8/3).

Decrees of Appointment

Decrees from the Provincial Minister appointing Guardians and Vicars in the Church Street Friary.
Fr. Angelus O’Neill OFM Cap. as Guardian on 5 Sept. 1970
Fr. Silvester O’Flynn OFM Cap. as Guardian on 20 Aug. 1976
Fr. Anthony Boran OFM Cap. as Vicar on 20 Aug. 1976

Deed of Assignment from Fr. Goodwyn Peter Augustine Lawless to Fr. Daniel Patrick O’Reilly and others

Deed of assignment from Fr. Goodwyn Peter Augustine Lawless OSFC to Fr. Daniel Patrick O’Reilly OSFC of his interest in a plot ground on the west side of Church Street whereupon a Roman Catholic Church (St. Mary of the Angels) now stands. Reference is made to the conveyance of the said plot of ground made to Fr. Lawless and others on 9 July 1875. In consideration of 10s.

Deed of assignment from Fr. Richard Dominick Clarke to Fr. Paul Neary and others

Deed of assignment from Fr. Richard Dominick Clarke OSFC to Fr. Paul Neary OSFC, Fr. Nicholas Murphy OSFC, Fr. Columbus Maher OSFC and Fr. Bernard Jennings OSFC of his interest in premises on Bow Street (formerly nos. 22 and 23 and the premises at no. 25 on the said street) for the residue of the terms specified in the original leases. In consideration of 10s.

Deed of trust from Patrick Joseph Nolan to Daniel Cooke Bergin

Deed of trust from Patrick Joseph Nolan to Daniel Cooke Bergin of his interest in the residue of the lease (2 June 1834) of properties situated in Upper Church Street known as ‘the Swan Inn’; to provide for his wife, Catherine Nolan, and to provide portions for his children upon their marriage. The trust permits ‘Catherine Nolan to have, receive, take and enjoy the said rents, issues and profits as and for her own sole use … and to suffer her the said Catherine Nolan to dispose of the same … as she shall think proper to and amongst her issue by the said Patrick Joseph Nolan (if any) and also to and amongst all or any of the children by a former marriage provided that the said Catherine Nolan should have the power to limit and appoint any part of the property … to and amongst such issue with all necessary and proper limitations and restrictions’. With a later copy endorsed ‘Thomas White, 20 Usher’s Quay’.

Deeds and documents relating to the conveyance of 142 Church Street

Legal documents arising out of title to and the disputed possession of the properties on Upper Church Street (formerly ‘the Swan Inn’ and later known as no. 142 Church Street). The dispute arose following the death on 7 Feb. 1863 of Catherine Nolan. She died intestate and without having made any deed giving instructions as regards the disposition of properties held under the terms of the deed of trust of 8 Apr. 1836 (See CA CS/2/2/2/4). She was survived by five children from a previous marriage and a bill was filed in the Court of Chancery for the purpose of deciding on the disposition of the trust properties and discharging Daniel Cooke Bergin from the trust he had entered in the above-noted deed. An order from the Court of Chancery was obtained allowing for the sale of the premises on Church Street (along with properties at nos. 3-5 Cork Street). Daniel Cooke Bergin died on 1 Jan. 1873 and bequeathed his estate to Isabella Bergin who was appointed executrix. Fr. Daniel Patrick O’Reilly OSFC and other Capuchin friars from North King Street were clearly eager to secure 142 Church Street. Fr. O’Reilly wrote to his solicitor in Mar. 1874 expressing his intent on ‘having it at any cost’. However, by this point, the title to the properties had become increasingly complicated as rents for the plots and title to the premises thereon were seemingly vested in joint owners. Nevertheless, the Capuchins succeeded in purchasing no. 142 Church Street at a public auction held on 30 Mar. 1874. The file includes legal documents generated by attempts to prove title to the properties and from ligation in the Court of Chancery amongst the various parties occasioned by the proposed sale to the Capuchins. The parties to the ligation included the aforementioned Isabella Bergin, revivor and plaintiff, and the children of Catherine Nolan namely, Elizabeth Kelly, Mary McDowell, Catherine McGuinness and Peter Rooney, defendants. The file includes:
• Copy will of Daniel Cooke Bergin. 27 Dec. 1872. Copy compiled by Thomas J. White, solicitor.
• Abstract of title to the premises on Upper Church Street submitted to John B. Murphy, barrister, for opinion. 3 July 1873.
• 'Rental and particulars of sale of house and premises on Upper Church Street now known as 142 … to be sold by public auction by John Burke … on Monday, 30th March 1874'. Lot 1 was described as ‘the house and premises formerly known as the Swan Inn, now known as no. 142 Upper Church Street … [held] under lease dated 26th February 1835, from Patrick Joseph Nolan to William Hynes for the term of 61 years … at the yearly rent of £32. 2 copies.
• Conveyance of Isabella Bergin, Mount Salus, Dalkey, to Fr. Daniel Patrick O’Reilly OSFC and other Capuchin friars, North King Street, Dublin, of 142 Upper Church Street in consideration of £210. 17 Dec. 1874. With manuscript drafts by Terence O’Reilly, solicitors.
• Correspondence, including letters from Thomas J. White, solicitor, 20 Usher’s Quay, Terence O’Reilly, solicitor, 5 North Great Georges’ Street, Thomas F. Bergin, solicitor, 49 Henry Street, and Fr. Daniel Patrick O’Reilly OSFC, 49 North King Street.
• Account of receipts and disbursements for no. 142 Church Street. Compiled by Thomas J. White, solicitor. [1875].
• Searches in the Registry of Deeds.
• Orders, summons, notices and judgements from the Court of Chancery.
• Solicitors’ bills of costs.

Deeds and legal documents relating to the conveyance of 138-140 Church Street

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).

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