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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.

Surrender by Thomas Douglas Yourell, salesmaster, Smithfield, and Rosetta Yourella, widow, Bessborough Terrace, Dublin, to Fr. Lawrence Gallerani OSFC, Fr. James Edward Tommins OSFC and Fr. Daniel Patrick O’Reilly OSFC, North King Street, (‘the grantees’) of premises known as 47 North King Street, in consideration of the sum of £200 and discharged from annuities of £50 and £10. The surrender agreement specifies that ‘the grantees’ are to hold the said premises for the residue of a lease dated 13 Dec. 1854. (See CA CS/2/2/4/8). With drafts and copies

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 by Catherine Murphy, widow, John Murphy, labourer, Ellen Murphy and Mary Murphy to Fr. Daniel Patrick O’Reilly OSFC, Fr. Joseph Bernard Jennings OSFC and Fr. Patrick Joseph Columbus Maher OSFC, Church Street, of the residue of the lease of premises formerly known as ‘the Swan Inn’, later no. 142 Church Street, measuring twenty 25 feet 11 inches at front, 25 feet 7 inches at rear, and in depth from front to rear 170 feet 11 inches. In consideration of £100. The original lease, dated 26 Feb. 1835, was from Patrick Joseph Nolan to William Hynes for the term of 61 years at the yearly rent of £32. With two draft copies of costs by Terence O’Reilly, solicitor, 5 North Great Georges’ Street, and a note by Catherine Murphy agreeing to dispose of her interest in the aforementioned premises for the sum of £100 payable to her daughter Ellen. With a badly torn draft of said assignment.

Judgement searches in the Registry of Deeds for acts involving Fathers Daniel Patrick O’Reilly OSFC, Michael Hennessy OSFC, James E. Tommins OSFC, Patrick Joseph (Columbus) Maher OSFC, P.A. Goodwyn Lawless OSFC and Christopher Nangle OSFC affecting a plot of ground on the west side of Church Street, Parish of Saint Michan.

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’.

Requisition on title of Fr. Daniel Patrick O’Reilly OSFC to Church Street properties. The requisitions relate to questionable points of title relating to the estate. The requisitions were passed by the friar’s solicitors, Terence O’Reilly, to Blount, Lynch & Petre, 4 King Street, Cheapside, London, barristers, for their advice in cases to counsel.

Abstract of title of William Lygon Pakenham, 4th Earl of Longford, and Thomas Vesey, 3rd Viscount de Vesci, to premises on Church Street whereupon a Roman Catholic Church is built. The abstract provides a recital of title to this property commencing with the grant of lands by letters patent by King James II to the Most Rev. Michael Boyle, Archbishop of Dublin, on 13 June 1685 (See CA CS/2/2/1/1). The abstract concludes with reference to articles of agreement between the aforementioned William, Earl of Longford and Thomas, Viscount de Vesci (vendors) and Fr. Daniel Patrick O’Reilly OSFC (purchaser) of 4 May 1869 to sell the above-noted plot of ground subject to a quit rent of 6s 1d a year and for the sum of £1,000. The agreement specifies a number of terms including the furnishing by the vendors of an abstract of title in fee simple to the said premises on Church Street. The abstract should commence with the will of Charles Dunbar (3 Oct. 1778) ‘and the purchaser shall not require any evidence of the seizin or ownership of the said testator but should presume the premises passed under the residuary devise contained in the said will’. Other terms relate to inspection of deeds of title and arrangements regarding the payments of the purchase money. The file also includes copies of many of the deeds referred to in the foregoing abstract:
• Copy will of Charles Dunbar. 3 Oct. 1778.
• Copy memorial of Sir Hugh Dillon Massey and John Dillon to Thomas Vesey, 1st Viscount de Vesci and Edward Michael Pakenham, 2nd Baron Longford concerning the assignment of legacies. 14 Feb. 1784.
• Copy declaration of trust between the Honourable Thomas Pakenham, Edward Michael Pakenham, 2nd Baron Longford, and Thomas Vesey, 1st Viscount de Vesci. 25 Apr. 1789.

Letter from to Terence O’Reilly, 5 North Great George’s Street, Dublin, solicitor, returning a draft conveyance and stating that they have no objection to having a covenant reinstated in the matter of a lease by the Right Hon. William Lygon Pakenham, 4th Earl of Longford and Viscount de Vesci to Fr. Daniel Patrick O’Reilly OSFC and others of a plot of ground situated on the west side of Church Street.