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Deed of covenant of title for the assignment of properties on Charlotte Quay from Thomas Wellbank Morgan, 13 Blackheath Rise, Lewisham, Kent, and others to Fr. Maurice (Nicholas) Murphy OSFC, Fr. Thomas (Matthew) O’Connor OSFC, Fr. Joseph (Bernard) Jennings OSFC and Fr. Edward (Peter) Bowe OSFC, Charlotte Quay, Cork. The deed refers to the intended purchase by the Capuchin friars of the said premises as set out in a deed of assignment dated 21 Jan. 1895. With a declaration of James Scanlan, 69 South Mall, Cork, agent, affirming that he has, for the past sixteen years, received the rents of the Charlotte Quay properties for Thomas Wellbank Morgan. 1 Jan. 1895.

The deed refers to the foregoing lease dated 1 Sept. 1862 by Robert Warner to Thomas Ronayne Sarsfield and others of a piece of ground adjoining Queen Street. (See CA HT/2/1/1/13). The deed of covenant relates to an undertaking by John McNamara, Edward John Gould and Michael McNamara to maintain, ‘keep or cause to be permanently kept, built and closed up with stone and mortar two windows’ situated on the western side of the aforementioned store. The deed includes a coloured-sketch elevation of the store with the two windows marked in red ink. Scale: 15 feet to 1 inch. The elevation was drawn by Frederick A. Klein, solicitor, 21 South Mall, Cork. With a typescript copy by Guest Lane Williams & Co., solicitors, South Mall, Cork.

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’.

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.

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).

Leases and related legal documents relating to transactions involving a dwelling house and adjoining premises at no. 16 Queen Street, Cork. The file includes:
• Agreement for a lease by Rev. Fiacre Bartholomew Brophy, Rev. Matthew Thomas O’Connor OSFC, Rev. Jarlath Thomas Hynes OSFC and Rev. Augustine John Hayden OSFC, Father Mathew Quay, Cork, to Samuel Allsopp and Sons Ltd., brewers, for a store situated at no. 16 Queen Street, at the yearly rent of £10. 16 Apr. 1910. With related insurance agreement.
• Lease by Rev. Fiacre Bartholomew Brophy OSFC and others to Jules Brabants and John O’Callaghan, engineers, of a store and premises at no. 16 Queen Street, for 5 years at the yearly rent of £75. 28 Feb. 1920. With counterpart.
• Lease by Rev. Fiacre Bartholomew Brophy OSFC and others, Father Mathew Quay, Cork, to John O’Callaghan, engineer, of the aforementioned premises at no. 16 Queen Street, for 10 years at the yearly rent of £75. 1 July 1924. With counterpart.
• Revisionary lease by Rev. Matthew Thomas O’Connor OSFC and Rev. Augustine John Hayden OSFC, Charlotte Quay, Cork, to John O’Callaghan, engineer, of the aforementioned premises at no. 16 Queen Street, for 14 years at the yearly rent of £75. 1 Mar. 1929. With counterpart.
• Assignment by John O’Callaghan to Jules Brabants, engineer, Grand Parade, Cork, of the lease of the aforementioned premises at no. 16 Queen Street in consideration of £300. 25 Mar. 1929.
• Lease by Rev. Justin Hyland OSFC, Rev. Flannan Downing OSFC and Rev. Mel Farrell OSFC to Macroom Dairies Ltd., of the stores and premises at no. 16 Queen Street, for 5 years at a yearly rent of £75. 5 Apr. 1946. With draft copy.
• Copy memorial of an assignment by Macroom Diaries Ltd., to Sales Ltd., of the premises at no. 16 Queen Street, for £400. 12 Oct. 1953.

Leases and related legal documents relating to transactions involving a dwelling house and adjoining premises at 6 Queen Street, Cork. The file includes:
• Lease from Edward Robinson, the city of Cork, attorney at law, to John Henry Gamble, of the aforementioned premises on Queen Street for 500 years at the yearly rent of £45. 28 July 1845. With counterpart.
• Conveyance from the Encumbered Estate Commissioners to Robert Hall, merchant, of the aforementioned premises at no. 6 Queen Street, in consideration of £250. 15 Nov. 1850.
• Lease by William Wise, Woolston House, North Cadbury, Bath, and Hugh Stanley Wise, Newton Abbott, Devon, to Thomas William Joseph Barry, hotel proprietor, Cork, of the said premises at No. 6 Queen Street, Cork, for 199 years at the yearly rent of £21. 27 Nov. 1890. With counterpart. See also CA HT/2/1/1/26.
• Conveyance by William Wise and Hugh Stanley Wise to Edwin Hall, Blackrock, County Cork, of the lessee’s interest of the aforementioned premises at no. 6 Queen Street in consideration of 10s. 24 Sept. 1894.
• Assignment by William Ringrose Atkins, chartered accountant, South Mall, Cork, and John Tweedy, solicitor, College Green, Dublin to William Carroll, Anglesea Street, Cork, of the residue of the unexpired lease of the aforementioned premises at no. 6 Queen Street in consideration of £205. 23 Dec. 1904.
• Assignment by William Carroll, Anglesea Street, Cork, to Rev. Fiacre (Bartholomew) Brophy OSFC and Rev. Matthew (Thomas) O’Connor OSFC, Father Mathew Quay, Cork, and Rev. Jarlath (Thomas) Hynes OSFC and Rev. Augustine (John) Hayden OSFC, Rochestown, County of Cork, of the residue of the unexpired lease of the aforementioned premises at no. 6 Queen Street in consideration of £550.
The original lease of these premises (dated 19 July 1773) is at
CA HT/2/1/2/2.

Deeds relating to the letting of 47 Walkin Street by members of the Slater family. The file includes: Letting agreement from Fr. Jarlath Hynes OSFC and Fr. Matthew O’Connor OSFC to John Slater of a dwelling currently vacant but lately held by Miss Moore on Walkin Street at the yearly rent of £16 (20 May 1896); Administration (9 May 1950) of the will of John Slater (d. 5 Aug. 1945); Assignment from Annie Slater to her grandson John Slater of her interest in 47 Walkin Street which she holds as a yearly tenant from the Capuchin Friars at the annual rent of £16 (18 Oct. 1950); Search in the Registry of Deeds for documents of title relating to John Slater affecting properties on Walkin Street (3 Feb. 1953); Assignment of John Slater to Fr. Aloysius (William) Travers OFM Cap. and others of 47 Walkin Street in consideration of £400 (7 Feb. 1953). With copies.