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Power of Attorney by Fr. Anthony Travers to Fr. Aloysius Travers

Power of attorney by Fr. Anthony (John) Travers OSFC, ‘formerly of Church Street, but now of Saint Helens, Tasmania', appointing his brother Fr. Aloysius (William) Travers OSFC (joint-owner and tenant) to execute deeds for, and receive rents for, certain fee simple, freehold and leasehold properties in Dublin. Fr. John declares that he is likely to be permanently resident in Tasmania. The deed is witnessed by Edgar William Lawrence, Launceston, Tasmania.

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.

Lease of William Fleming Black to Fr. Bernard Jennings and others

Lease of William Fleming Black, Omagh, County Tyrone, to Fr. Bernard Jennings OSFC, Fr. Nicholas Murphy OSFC, and Fr. Columbus Maher OSFC, Church Street, of premises known as number 142 on Upper Church Street in Dublin for 899 years in consideration of £350 and at the yearly rent of £3.

Lease from John Smith to James Willis

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 and others to Patrick Fegan

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.

Lease by John Cornwall Brady to Fr. Paul Neary and others

Lease by John Cornwall Brady, Myschall House, County Carlow, to Fr. Paul Neary OSFC, Fr. Nicholas Murphy OSFC and Fr. Columbus Maher OSFC, Church Street, Dublin, of a plot of ground on the west side of Church Street ‘formerly called Proper Lane’ for 99 years at the annual rent of £10.

Copy power of attorney from Caroline Sophia Hunt to Rev. Henry de Vere Hunt

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.

47-50 North King Street

This section includes deeds, leases and other legal documents relating to the acquisition of properties and plots of ground at 47-50 North King Street. In 1861, Fr. Lawrence Gallerani OSFC was appointed Capuchin Commissary General in Ireland. He immediately set about the task of building a new Capuchin Friary and Church in Dublin. When he could not procure any ground near the existing chapel on Church Street (except on a short lease of thirty years), he begun to look for another site, and found one at 47-50 North King Street. With the permission of the Most Rev. Paul Cullen (1803-1878), Archbishop of Dublin, he set about acquiring these sites. First, he got possession of nos. 49 and 50 and the two houses were fitted up as a temporary friary pending the erection of new buildings. On 23 July 1862, the Capuchin community left their residence at 18 Queen Street and took up residence in North King Street. Later that year, Fr. Gallerani obtained possession of two more houses (nos. 47-8), and on the advice of the Archbishop, began to build a friary before commencing work on a new church. Partly as a result of the opposition of the parish clergy of St. Michan’s, the Capuchins went no further on North King Street than building the friary which they inhabited for several years. The North King Street properties were sold by the Capuchins in 1883, when the present-day Friary was built on Church Street.

Lease of Frances MacDonnell to James Ball

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.

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