Prerogative Will Book. 182., K-Z

In the name of God Amen I George Perry of Seskanore Lodge in the County of Tyrone Esquire being of Sound mind in memory and understanding thank God for the same do make this my last Will and Testament I give and devise all my Estate in Lands Tenements and hereditaments situate in the County of Tyrone or elsewhere to James Johnston Junior of Nappa in the County of Armagh Esquire and his heirs to for and and upon the several trusts use and purposes hereinafter mentioned of and concerning the same that is to say In trust to permit and suffer my beloved wife Mary Perry to have receive and take the rents issues and profits thereof for and during the term of her natural life and from and after her decease then as to all my lands tenements and hereditaments (except my house in Dublin) in trust to the use of my Nephew Samuel McClintock Esquire and his assigns for and during the term of his natural life and no longer and from and after the determination of that Estate to the use of the said James Johnston and his heirs to support and preserve the contingent uses and Estate hereinafter limitted [sic] from being defeated or destroyed and from and immediately after the decease of the said Samuel McClintock lawfully to be begotten and of the heirs male of the body of such first son lawfully issuing and for default of such issue then to the use of the second third and fourth and all and every other son & sons of the said Samuel McClintock lawfully to be begotten severally successively and in remainder one after another as they shall be in seniority of age and purity of Birth and in default of such issue to the use of all and every the daughters and daughters of the said Samuel McClintock lawfully to be begotten in tail general equally to be divided between or amongst them if more than one share and share alike and they to take as tenants in common and not as joint tenants and if there shall be a failure of issue in any such daughter or daughters then as to the part or share of such daughter or daughters whose issue shall so fail to the use of the remaining or other of the said daughter in like manner and in case there shall be a failure of issue of all such daughters but one or if these shall be but one or if there shall be but one such daughter then to the use of such one daughter and the heirs of her body lawfully issuing and in default of such issue then to the use of my nephew John McClintock Esquire and his assigns for and during the term of his natural life and no longer and from and after the determination of that Estate to the use of the said James Johnstone and his heirs to support and preserve the contingent uses and Estate hereinafter limitted [sic] from being defeated or destroyed and from and immediately after the decease of the said John McClintock then to the use of the first son of the said John McClintock lawfully to be begotten and of the heirs male of the body of such first son lawfully issuing and for default of such issue then to the use of the second third and fourth and all and every other son & sons of the said John McClintock lawfully to be begotten severally successively and in remainder one after another as they shall be in seniority of age and purity of Birth and in default of such issue to the use of all and every the daughters and daughters of the said John McClintock lawfully to be begotten in tail general equally to be divided between or amongst them if more than one share and share alike and they to take as tenants in common and not as joint tenants and if there shall be a failure of issue in any such daughter or daughters then as to the part or share of such daughter or daughters whose issue shall so fail to the use of the remaining or other of the said daughter in like manner and in case there shall be a failure of issue of all such daughters but one or if these shall be but one or if there shall be but one such daughter then to the use of such one daughter and the heirs of her body lawfully issuing and in default of such issue of my said nephew John McClintock

then in trust to the use of my nieces Maria McClintock and Mary McClintock and their assigns for and during the term of their natural lives and no longer as tenants in common and not as joint tenants and from and after the determination of that Estate to the use of the said James Johnstone and his heirs to support and preserve the contingent uses and estate hereinafter limitted [sic] from being defeated and destroyed and from and immediately after the decease of the said Maria McClintock and Mary McClintock then to the use of the said first son of the said Maria McClintock and of the first son of the said Mary McClintock lawfully be begotten and of the heirs male of the body of such first son lawfully issuing and for default of such issue then to the use of the second third and fourth and all and every the son and sons of them the said Maria McClintock and Mary McClintock lawfully begotten severally successively and in remainder one after another as they shall be in seniority of age and priority of birth and in default of such issue to the use of all and every the daughter and daughters of the said Maria McClintock and Mary McClintock lawfully to be begotten in tail general equally to be divided between or amongst them if more than one share and share alike and they to take as tenant in common and not as joint tenants and if there shall be a failure of issue in any such daughter or daughters then as to the part or share of such daughter or daughters whose issue shall so fail to the use of the remaining or other of the such daughters in like manner and in  case there shall be a failure of issue of all such daughters but one or if there shall be but one such daughter then to the use of such one daughter and the heirs of her body lawfully issuing and in default of such issue

then in trust to the use of my Grand Nephew Alexander Bird son of my niece Jane McClintock deceased for the term of her natural life and no longer and from and after the determination of that Estate to the use of the said James Johnston [sic] and his heirs to support and preserve the contingent uses and estate hereinafter limitted [sic] from being defeated or destroyed and from and immediately after the decease of the said Alexander Bird then to the use of the first son of the said Alexander Bird lawfully to be begotten and of the heirs male of the body of such first son lawfully issuing and for default of such issue then to the use of the second third and fourth and all and every other son & sons of the said Alexander Bird lawfully to be begotten severally successively and in remainder one after another as they shall be in seniority of age and purity of Birth and in default of such issue to the use of all and every the daughters and daughters of the said Alexander Bird lawfully to be begotten in tail general equally to be divided between or amongst them if more than one share and share alike and they to take as tenants in common and not as joint tenants and if there shall be a failure of issue in any such daughter or daughters then as to the part or share of such daughter or daughters whose issue shall so fail to the use of the remaining or other of the said daughter in like manner and in case there shall be a failure of issue of all such daughters but one or if these shall be but one or if there shall be but one such daughter then to the use of such one daughter and the heirs of her body lawfully issuing and in default of such issue to my own right heirs I authorize and impower whomsoever that shall take my said Estates pursuant to the limitations of this my will to have full power to make leases of the same or any part thereof for any term not exceeding one life or twenty one years to be concurrent in possession and not in reversion without fine or gift and at the best improved yearly value that can be had for the same such leases to contain the usual clauses between Landlord and Tenant I give devise and bequeath my house in Dominick Street in the City of Dublin and the furniture therein to my beloved wife Mary Perry in case the same shall not be disposed of in my lifetime I order and direct all my just debts to be paid out of my personal fortune and whatever money that remain after the payment thereof and after the payment of the legacies herein after bequeathed I order and direct that my said beloved wife Mary Perry shall take the interest therof during her life with a Power to her to dispose of any part or parcel there of not exceeding the whole the sum of three thousand pounds by her will in any manner she may think fit and the surplus of my said personal fortune subject as aforesaid (whatever the same may amount to)

I leave and bequeath to my said Nephews John McClintock and Samuel McClintock and my said Nieces Maria McClintock and Mary McClintock and Alexander Bird share and share alike  I leave and bequeath to Miss |Letitia Dick the sum of One thousand pounds payable on the death of my said beloved wife with interest on five hundred pounds part thereof in the mean time and until such the death of my said wife shall happen at the rate of six pounds per cent per annum I leave and bequeath to Sinclair Perry of Seskanore the sum of five hundred pounds payable on the death of my said beloved wife with interest in the mean time and until such the death of my said wife shall happen at the rate of six pounds per cent per annum I also leave and bequeath to the said Sinclair Perry and my Executrix hereinafter named the sum of five hundred pounds in trust and for the use of George Perry the son of Sinclair Perry payable on the death of my said beloved wife with a power to the said Sinclair Perry and my said Executors thereafter named to  raise the same soever at any time when it shall appear right and proper to them the said Sinclair Perry and my said Executors to put said George Perry into business or bind him an apprentice to learn some profession I leave and bequeath to my trustee hereinbefore named James Johnston Junior of Nappa Esquire the sum of Three hundred pound payable on the death of my said beloved wife for the trouble he may have in attending to the trusts of this my will I leave and bequeath to my good friend John Spiller of Omagh Esquire the sum of three hundred pounds payable on the death of my said beloved wife and request his Advice and Assistance to her when I am gone I leave and bequeath to Thomas Olphert of Torfeskin in the County of Louth Esq. The sum of One hundred pounds payable on the death of my said beloved wife I leave and bequeath to George Robinson of Blesinton St in the City of Dublin Esq Barrister at Law the sum of fifty pounds payable on the death of my said beloved wife I leave and bequeath to Edward Perry Brook son of Doctor Brook of the City of Dublin the sum of fifty pounds payable on the death of my said beloved wife I leave and bequeath to William Perry of Mullaghmore in the County of Tyrone the sum of Twenty pounds on my death I leave and bequeath to my said beloved wife all my stock crop and household furniture of every description in and at Seskanore lodge in the said County of Tyrone my plate I allow to be held and used by the person or persons who from time to time shall inherit my Estates agreeably to the limitations if this my will I hereby nominate constitute and appoint my said beloved wife Mary Perry Executrix and the said John Spiller of Omagh Executor of this my will and I hereby revoke and annull all or any other wills or will at any time by me heretofore made and declare this to be my last will and testament In witness whereof I have hereunto put my hand and affixed my seal this fifteenth day of May in the year of our Lord One thousand Eight hundred and twenty three.

George Perry seal signed sealed published and declared by the testator as and for his last will and testament in our presence who became witnesses to the same at his request and in the presence of each other and in his presence John Stewart No. 2 Dominick St Sol[icito]r Jacob Hardy Cl[er]k to the above Peter Gallagher.

I make and publish this codicil to my foregoing Will I give and hereby grant to my beloved wife Mary Perry the express power of ascertaining as soon as she may think fit so to do after my decease the surplus of my personal fortune and instead of postponing the distribution thereof untill after her decease to pay the same when she may think proper to and amongst my Nephews John McClintock and Samuel McClintock and my Nieces Maria McClintock and Mary McClintock and the said Alexander Bird  or either or any of them according to her will and pleasure as to the time or times of doing so and their respective releases or accounts for the same shall be conclusive as to such payments or distribution of said surplus the same as if not made until after her death I also direct that  the interest on the legacies given by my foregoing will shall be paid from the time of my decease I leave my old clerk [I] Gracey twenty pounds given under my hand and seal this 21st of April 1824 four [sic] Geo Perry seal.

John Spiller of Dominick St in the City of Dublin Esquire maketh oath and saith he knew and was acquainted with George Perry late of Seskanore Lodge in the County of Tyrone Esq. Deceased and with his the deceased usaual character and manner of handwriting and subscription having seen him write and subscribe his name Saith he have carefully viewed perused and examined a paper writing herunto annexed purporting to be a codicil to the last Will and Testament of the said deceased beginning “I make and publish this a codicil to my foregoing Will” and ending this 21st of April 1824 four” and subscribed Geo Perry seal Saith every word letter and figure contained in said codicil and the name “Geo Perry” subscribed thereto are all the proper name handwriting and subscription of said deceased to the best of the Deponents judgement and belief John Spiller – sworn this 20th day of November 1824 Before is J Radcliff.

The last Will and Testament and Codicil of George Perry late of Seskanore Lodge in the Co of Tyrone Esq deceased “having & soforth” was proved in common form of law and probate thereof granted by the most Red father John George & so forth to Mary Perry of 10 Dominick St in the City of Dublin Widow one of the Executors named in said Will she being first sworn personally saving the right of John Spiller the other Executor also saving and soforth dated the fifteenth day of December 1824.

I certify the foregoing is a true and authentic copy made pursuant to the statute 30 & 31 Vic. C.(10)

John Overend Overend

The assistant Deputy Keeper of the Records

29th August 1894

Abstract of Title for the Estate of John Knox McClintock Record. LR1/409/1/C.

Reproduced with the permission of the Deputy Keeper of  the Records, Public Record Office of Northern Ireland.