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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.

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.

Receipt for an Inland Revenue payment made by Fr. Daniel Patrick O’Reilly OSFC and other Capuchin friars for a plot of ground on which the Roman Catholic Church on Church Street stands. The properties are held under a deed dated 9 July 1875. The statement notes that these premises were ‘demised in 1826 for a term of 99 years at the yearly rent of £46 3s 0d and the landlord’s interest therein sold in 1875 to Rev. Mr. O’Reilly and others’.

• Notes from the register of the Dublin Capuchin community re novitiate arrangements in the early nineteenth century. It reads ‘Fr. Celestine Corcoran, Provincial Minister, in a letter to the Fr. General on Sept. 2nd 1815 mentions that he had arranged with the “Patre Provinciale Baeticae” to send young men to be received in that province. Six young men were received in the Convent of Seville, Spain, on Sunday, November 19th 1815, and were professed there on November 24th 1816. … At the request of Fr. Mathew in accordance with a decree of the Sacred Congregation of Regular Discipline of Dec. 20, 1825, the Convent of Frascati was appointed as a novitiate for Irish novices. … Irish friars were received also in Convents in Italy, and in Fr. Mathew’s time (1850) four were received in Bruges, Frs. Tommins, Dillon, Mitchell, and O’Reilly, and in the following year (1851) five entered in Frascati, Frs. Muldoon, Rourke, Dunne, Knaresboro and Maher’. The file also includes notes relating to Fr. Mathew taken from the Capuchin General Archives in Rome. The notes refer to the appointment of Fr. Mathew as Provincial Minister of the Irish Capuchins from c.1813-52. ‘In a letter to the Fr. General dated Sept. 2nd 1815, he signs himself “Provincialis Hiberniae”’. Also includes a copy of the decree by which the Irish Capuchins were permitted to have a novitiate in their houses in Ireland dated 29 May 1808. It is noted that a copy of this decree is preserved in the Franciscan Library, Merchants’ Quay, Dublin. Typescript, 3 pp.
• Extracts from the account book of the Capuchin Friary in Cork relating to the building of Holy Trinity (Father Mathew Memorial) Church. The extracts were compiled by Br. Nessan Shaw OFM Cap. The notes refer to the difficulties in securing funding for the completion of the church. It reads ‘During the great excitement of the temperance movement Fr. Mathew was pressed from many parts of Ireland to allow the church to be finished by subscriptions of teetotallers but would not allow the matter to be accomplished’. The following statement of accounts is also given in the notes:
‘Mr. Anthony, contracting architect received £13,000
Sir Thomas Deane & Co. received £1,000
Since 1848 to various parties £2,500
Total: £16,500
Collection made in 1854: £500
Total: £17,000’
Manuscript, 3 pp.
• Copy letter of Fr. Theobald Mathew OSFC to David O’Meara, his secretary, affirming that he is attending to his sick brother in Kenmare, County Kerry. 30 Jan. 1848. Typescript, 1 p.
• Copy letter of Fr. Theobald Mathew OSFC to Larry Egan, Herbert Park, Gardiner’s Hill, Cork, regarding his life assurance which he has assigned to William Rathborne of Liverpool, merchant. 11 May 1849. Manuscript, 1 p.
• Copy letter from Fr. Theobald Mathew OSFC to Symon Carew, 96 Lower Mount Street, Dublin, re his brother’s (Charles) illness and the payment of rent. He writes ‘The persons who at present hold the land are no tenants of mine, neither have I any control over them. The will continue to keep possession and pay no rent’. 5 Feb. 1848. Typescript, 1 p.
• Copy letters of Fr. Theobald Mathew OSFC from Maurice Denham Jephson, 'An Anglo-Irish Miscellany / Some Records of the Jephsons of Mallow' (Dublin: Allen & Figgis, 1964). The three copy letters are from Fr. Mathew to Lady Browne and Sir Denham Jephson-Norreys, (1799-1888), MP for Mallow, and date from 2 July 1844-5 Nov. 1844. Printed, 4 pp.
• Copy letter from Fr. Theobald Mathew OSFC to Mrs Cronin re an Altar Stone consecrated by the late Pope Gregory XVI which he is happy to forward on to her. 24 July 1846. A note appended to the letter reads ‘The original [letter] is in the South Presentation Convent, Douglas Street, Cork / The original, from which I typed this copy, is in the hand of one of the secretaries of Fr. Mathew, David O’Meara’. Typescript, 1 p.
• Copy letter from Fr. Theobald Mathew OSFC to the Rev. Guardian [possibly Fr. Vincent McLeod OSFC] re an accusation that Fr. Laurence O’Flynn OSFC (1807-1863) had ‘repeatedly hunted upon and destroyed game’ on the lands of Reginald Greene. Fr. Mathew writes ‘That a member of the Capuchin Order should subject himself to such a charge, and partake of such amusements, must fill a religious mind with horror. You will Rev. Father Guardian deliver the enclosed obedience to the Rev. Father O’Flynn, and take care that my mandate shall be strictly obeyed’. The letter is dated at Cork, 20 Sept. 1846. With a typed copy of the letter in Italian held in the Capuchin General Archives in Rome. Typescript, 2 pp.

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.

Account book giving details of donations and collections for the Church Street Friars. Reference is made to the collections for vestments and to the sale of Adoration Cards (Oct. 1852). Information is given in respect of the name of the donator and the amount received. Reference is made to Fr. Daniel Patrick O’Reilly OSFC (d. 1894) and to Fr. Albert Mitchell OSFC (1826-1893). A short note re expenditure from January-February 1850 is made on the final the page including the payment of £8 8s for ‘rent for school’.