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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.

Lease from John Smith, Lucan, to James Willis, Church Street, of nos. 138-139 Church Street ‘with four houses at the rear of 139 Church Street … formerly called Coles Court’, for 99 years at a yearly rent of £50. With a copy.

Lease of Fr. Nicholas Murphy OSFC, Fr. Patrick Joseph Columbus Maher OSFC and Fr. James Lonergan OSFC, Old Church Street, Dublin, to Patrick Fegan, 42 Mary’s Lane, Dublin, vegetable dealer, of three dwelling houses known as nos. 138-140, Old Church Street, parish of St. Michan, for 20 years at the yearly rent of one peppercorn. In consideration of £250. A covenant in the lease notes that ‘the said houses and premises are now owing to their age and condition in a bad and unsatisfactory state of repair and in the ordinary nature and course of circumstances they will on the expiration of the term hereby granted be in a much worse and more dilapidated condition … the said lessors hereby agree that they will accept and take over from the said lessee the said houses and premises and condition as they may at the expiration of the term hereby granted wilful waste excepted’. With counterpart.

Copy power of attorney obtained from the High Court of Justice (Ireland), Chancery Division. The deed specifies that Caroline Sophia Hunt, 17 Clarinda Park East, Kingstown, County Dublin, spinster, aged 67, has appointed Rev. Henry de Vere Hunt, The Rectory, Ahascragh, County Galway, to act as her attorney, allowing him to execute deeds for certain premises situated on Church Street, Middle Abbey Street, Strand Street and Bachelors’ Walk in Dublin. Specifically, the deed allows Rev. Henry de Vere Hunt to execute a fee farm grant (under the provisions of the Renewable Leasehold Conversion Act, 1849) of premises (probably nos. 138-139) on Church Street. Caroline Sophia Hunt was entitled as tenant for life to rents accruing out of the above-noted premises. With a statement showing fee farm rent from Caroline Sophia Hunt to Fr. William (Paul) Neary OSFC and Fr. Nicholas Murphy OSFC of the aforesaid properties on Church Street.

Lease of Frances MacDonnell, Torquay, County Devon, widow, to James Ball, North King Street, corn factor and seed merchant, of a dwelling house, warehouse, gateway and stable known as no. 47 situated on the North side of King Street, Dublin, ‘in which Martin White, druggist, lately deceased, formerly resided’, for 31 years at the yearly rent of £46. A ‘schedule of fixtures in the premises’ is appended to the margin of the lease. With two copies.

Mortgage of Patrick Regan, flour manufacturer, North King Street, to James Pim, Burgh Quay, merchant, of 46 and 50 North King Street, and a flour mill on the lands of Ballyclinch ‘worked by water now called and known by the name of Tinker’s Mill together with all and singular machinery therein …’ in consideration of the sum of £595 3s 6d. With a reconveyance of said premises from James Pim to Patrick Regan. 30 Apr. 1862. With copies.

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.

Lease of James Bagot to Patrick Mullen, 78 Lower Dorset Street, of the ‘houses now known as numbers 133 and 134 Church Street with the yard at the rere thereof extending to Bow Street on which there is a house facing Bow Street known as number 27 …’ at the yearly rent of £28. The term of years is not specified in the lease. With a copy.

Power of attorney by John and Elizabeth Cordner, 5 Synnot Place, Dublin, appointing Thomas J. White, 4 Usher’s Quay, solicitor, as attorney to execute a deed of assignment of their interest in the premises of 133-134 Church Street and 27 Bow street sold at auction by James H. North on 29 June 1879. With a similar deed of 2 Dec. 1880 whereby Elizabeth Corner (now of 153 Whiton Street, Jersey City), appoints Thomas J. White to act for her in all matters relating to the collection of purchase monies accruing from the said properties.