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Declaration of Fr. Daniel Patrick O’Reilly OSFC, Fr. Patrick Joseph (Columbus) Maher OSFC, Fr. James Edward Tommins OSFC and Fr. Christopher Augustus Nangle OSFC regarding title to the plot of ground on the west side of Church Street whereupon the Roman Catholic Church known as St. Mary of the Angels now stands. The file also includes a similar declaration by James Spring, 65 Eccles Street, Dublin, certifying that his father Richard Spring, Fr. Daniel Murray and Fr. Nicholas Malone OSFC were assigned the said premises as joint tenants for the residue of the term of 99 years granted in the original lease of 4 Aug. 1826 (See CA CS/2/2/1/2). The declarations refer to an annexed plan with the plot delineated in red and the boundary of St. Mary of the Angels’ Church coloured blue. The plan (22 cm x 24 cm) was drawn by O’Neill & McCarthy, architects, and is endorsed with the signatories of the parties to the declarations. With burial and death certificates for the aforementioned Fr. Nicholas Malone OSFC (date of internment: 6 Nov. 1840); Richard Spring (date of death: 19 Jan. 1864); the Most Rev. Daniel Murray, late Archbishop of Dublin (internment: 1 Apr. 1852).

Copy undertakings and draft agreements by Thomas Burnell, Carrick Quarry, Edenderry, to Fr. Daniel Patrick O’Reilly OSFC, 49-50 North King Street, Dublin, to deliver stones for the construction of St. Mary of the Angels, Church Street. The undertaking reads: ‘I hereby undertake and agree to supply you for the new Roman Catholic Church now in the course of erection in Church Street, City of Dublin, with the best quality of hammer dressed white limestone …’. A schedule is attached specifying the type and quantity of stones to be provided. With guarantees given to the gentlemen of the building committee.

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.

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.

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

Lease by Fr. Daniel Patrick O’Reilly OSFC and Fr. James Edwards Tommins OSFC to Thomas Fitzpatrick, 69 North King Street, of ‘that new built dwelling house now known as numbers 48 and 49 North King Street …’, for fifty years at the yearly rent of £50.