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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.

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’.

The deed refers to the foregoing lease dated 1 Sept. 1862 by Robert Warner to Thomas Ronayne Sarsfield and others of a piece of ground adjoining Queen Street. (See CA HT/2/1/1/13). The deed of covenant relates to an undertaking by John McNamara, Edward John Gould and Michael McNamara to maintain, ‘keep or cause to be permanently kept, built and closed up with stone and mortar two windows’ situated on the western side of the aforementioned store. The deed includes a coloured-sketch elevation of the store with the two windows marked in red ink. Scale: 15 feet to 1 inch. The elevation was drawn by Frederick A. Klein, solicitor, 21 South Mall, Cork. With a typescript copy by Guest Lane Williams & Co., solicitors, South Mall, Cork.

Deed of covenant of title for the assignment of properties on Charlotte Quay from Thomas Wellbank Morgan, 13 Blackheath Rise, Lewisham, Kent, and others to Fr. Maurice (Nicholas) Murphy OSFC, Fr. Thomas (Matthew) O’Connor OSFC, Fr. Joseph (Bernard) Jennings OSFC and Fr. Edward (Peter) Bowe OSFC, Charlotte Quay, Cork. The deed refers to the intended purchase by the Capuchin friars of the said premises as set out in a deed of assignment dated 21 Jan. 1895. With a declaration of James Scanlan, 69 South Mall, Cork, agent, affirming that he has, for the past sixteen years, received the rents of the Charlotte Quay properties for Thomas Wellbank Morgan. 1 Jan. 1895.

Deed of assignment from Fr. Richard Dominick Clarke OSFC to Fr. Paul Neary OSFC, Fr. Nicholas Murphy OSFC, Fr. Columbus Maher OSFC and Fr. Bernard Jennings OSFC of his interest in premises on Bow Street (formerly nos. 22 and 23 and the premises at no. 25 on the said street) for the residue of the terms specified in the original leases. In consideration of 10s.

Deed of assignment from Fr. Goodwyn Peter Augustine Lawless OSFC to Fr. Daniel Patrick O’Reilly OSFC of his interest in a plot ground on the west side of Church Street whereupon a Roman Catholic Church (St. Mary of the Angels) now stands. Reference is made to the conveyance of the said plot of ground made to Fr. Lawless and others on 9 July 1875. In consideration of 10s.

Deed appointing new trustees to premises on Father Mathew Quay and Father Mathew Street held by an assignment of a lease dated 20 Mar. 1951 (see CA HT/2/1/2/34). The FMC trust, a limited company having a registered office at the Capuchin Friary, Church Street, Dublin, is appointed a trustee in place of Fr. Michael John O’Shea OFM Cap. and Fr. Mel Peter Farrell OFM Cap., both deceased. With a cover letter.

Deed of Richard Samuel Owen Robinson and Rev. Andrew Craig Robinson appointing Thomas Jones Robinson to be a trustee of the will Sarah Blair in the place of Richard Bell Robinson, deceased. With a declaration that the lands and premises which are the subject of the trusts of the will of Sarah Blair should forthwith be vested in Thomas Jones Robinson.