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, 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, 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.
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 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.
Copy will of Patrick Mullen, 78 Lower Dorset Street, Dublin. He bequeaths to his wife, Elizabeth Mullen, all his properties, including nos. 133 and 134 Church Street and nos. 27 and 49 Bow Street. The will is dated March 1854. A copy administration from the High Court of Justice is annexed. The administration notes that Patrick Mullen died on 27 December 1857 and grants the probate onto the said Elizabeth Mullins (10 February 1858).
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.
Lease by Fr. Daniel Patrick O’Reilly OSFC, Fr. Joseph Martin Harkins OSFC, Fr. William Corrigan OSFC and Fr. Thomas Kavanagh OSFC, 49 North King Street, to John Ryan, 69 Church Street, of nos. 133 and 134 Church Street, for 6 years at the yearly rent of £38.
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.