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Transcription of the Will of James Richard Auchinleck of Mulvin, Ardstraw Parish, County Tyrone, Northern Ireland (1790-1860)

Source: PRONI
Transcribed, Compiled and Edited by
Nick Gallimore

This file of the Transcription of the Will of James Richard Auchinleck (1790-1860) forms part of the vast archive of 3,000+ pages of genealogical records relating to COUNTIES TYRONE, DONEGAL, LONDONDERRY & FERMANAGH provided without charge or subscription by CoTyroneIreland Welcome to the Premier Website & Research Tool for Cos. Tyrone, Donegal, Londonderry & Fermanagh Genealogy. A complete list of records pertaining to Wills of County Tyrone, Northern Ireland on this website can be found at the foot of this file.

By the mercy of God, I James Richard Auchinleck of Mulvin in the county of Tyrone being now in good health and disposing disposition do publish this my last Will, hereby revoking all former wills by me at anytime made and appoint my kind friend Richard Stack of Omagh in the county of Tyrone Solicitor to be the Trustee and Executor of this my last will.

Whereas under and by virtue of the will of my late Aunt Rebecca Auchinleck bearing date the 12th day of April 1812 I am entitled in my very own right and as one of the next of kin of my Brother Claudius to a principled sum of £323 1s 7d Sterling or thereabouts Portion of £700 of the late currency in said will of my said aunt mentioned and charged on the Estate of my late Brother Wm Auchinleck now in possession of my Nephew Hugh Auchinleck and whereas I am seized and possessed of the Lands of Mulvin and Clady Blair by virtue of a lease bearing date 16th July 1855 granted by my said Nephew Hugh Auchinleck for 3 lives therein mentioned and the survivor of them or for 31 years to be computed from the 1st of May 1855 whichever shall last the longest.

Now I do hereby devise and bequeath unto my said Trustee his heirs Executors and administrators all my Estate and Interest in the said lands of Mulvin and Clady Blair, and also all the stock and crop and farming Instruments which shall be thereon at the time of my decease and also the said sum charged on the Estate of said Hugh Auchinleck and all and every sum which shall be due and owing to me at the time of my decease in respect of said charge and also all the Residue of my Personal Estate not hereby specifically bequeathed to which I shall be entitled at the time of my decease upon that Trusts and subject to the declarations following. Namely upon trust to sell and convert into money my said lands of Mulvin and Clady Blair and my said other Trust estate and property or such parts thereof as shall be a Saleable and Convertible nature and so get in the other parts thereof with full discretionary power to suspend for such period as my said Trustees shall deem expedient the sale conversion or getting in of any said Trust property or any part or parts thereof respectively.

And I declare that for the purposes of Transmission and enjoyment under the Trusts herein after contained my said Trust Estate and property shall be considered as Money from the time of my decease. And the annual produces thereof to accrue due after my decease and until the actual Sale conversion and getting in thereof shall be deemed the annual income thereof applicable as such for the purposes of said Trusts.

And as to the monies to arise from the sale conversion and getting in of my said Trust Estates upon Trust thereout in the first place to pay or retain all expenses incident to the execution of the Trusts hereby created and also my just debts and funeral and testamentary expenses and to invest the ultimate surplus of the Trust Monies in the name of my said Trustee in such good and valid security or securities as he may think fit and approve of and from time to time to vary the investment thereof in the discretion of my said Trustee and to stand possessed of such surplus and the securities upon which the same shall be invested upon Trust to pay and apply the annual produce and Income thereof in and towards the support, maintenance, Education and bringing up of my Nieces Anna, Margaret, Harriet and Rebecca Auchinleck, Children of my late Brother Alex Auchinleck also of William and Hugh his two youngest sons.

And it is my wish and desire that in the execution of the said Trusts a residence shall be provided for my said Nieces and Nephews where they or such of them as shall be unprovided for may live and reside together until they are provided for and advanced in life by suitable Marriage or by being put in a position to support themselves by some business or profession and that my said Trustee shall and may at his discretion pay and apply the said annual produce and Income for the providing such residence and the general benefit of my said Nieces and Nephews and in the maintenance and education of such of them as shall be Minors at the time of my decease until the youngest of my said Nieces and Nephews shall attain the age of 16 years.

And from and after the youngest of my said Nephews or Nieces shall have attained his or her age of 16 years it is my wish that the said interest or annual proceeds thereof shall be applied from time to time by my said Trustee in and towards the support and maintenance of such of my said four Nieces as shall be and remain unmarried, it being my desire that such of my said Nieces as shall remain unprovided for by marriage shall have the said interest and annual proceeds to assist in their support.

And my will is that when and so soon as all my said Nieces shall have been married the said Trust fund shall be equally divided between my said four Nieces share and share alike or such of them as shall then be living and the Children of such of them as may be then dead leaving Children, the Children of such deceased Niece to take the share to which the said Niece would have been entitled if alive. And in case any of my said Nieces shall not be married then and in such case my will is that such unmarried Niece or Nieces shall have the Interest and annual produce of said sum for her or their life or lives and that upon the death of the survivor of such unmarried Nieces said sum shall be then Equally divided amongst such of my said Nieces as shall have been married or their Children of any such married Nieces who may be then dead, the children of each deceased Niece to take the share to which said Niece would have been entitled if alive.

And in case at the time of the death of the Survivor of such unmarried Nieces there shall not be living any of my said married Nieces or the Children of my said Nieces in such case my will and desire is that the survivor of such unmarried Nieces shall have power by Her last Will and Testament to dispose of the said Trust Fund in such manner and to such person or persons as she shall think fit.

I leave and bequeath to my Niece Mary Smyth my Silver Cup which formerly belonged to my Brother Claudius as a small token of my love and which I have no doubt she will Prize and not consider herself over looked in my affection as she has been otherwise so well provided for. To my other four Nieces I leave to assist in setting up House for their Mutual benefit all my House and Table linens with two Bed steads and Bedding Complete together with what Plate and Table furniture I have. And I give them the further privilege to select from my Library any Books they may choose, the remainder to be sold at the discretion of my Executor and Trustee.

My watch I leave to my said Nephew Hugh, the youngest son of my Brother Alexander. And I hereby declare that the Receipt or receipts in writing of my said Trustee for any sum or sums of money payable to him under any of the powers and authorities hereinbefore contained shall be an Effectual discharge or Effectual discharges for the same respectively or for so much as in such receipt or receipts shall be expressed to be received and that no person or persons to whom my said Trustee shall sell any property real or personal under this my Will shall be bound to ascertain or see to the application of any purchase Money or the necessity or property of any sale to be made.

Whereas I received a sum of £1097 15s 0d from and out of the assets of the late Daniel Auchinleck, being the amount of two legacies of £500 and £500 bequeathed by him to my late brother Alexander Auchinleck,in Trust for the benefit of his children as in the will of said Daniel Auchinleck mentioned now I hereby declare that the sum of £600 now invested in my name in the Liverpool Dock Trust fund is part of said sum so received by me in Trust, the residue of the said sum and the Interest thereof I have applied towards the advancement in life of my Nephew Claudius Auchinleck and of my Nieces his sisters.

If I should be seized of or entitled to any Property real or personal not hereinbefore devised or bequeathed I devise and bequeath the same to my said four Nieces share and share alike.

Dated this 15th day of January 1857. J R Auchinleck. Signed the Testator in presence of us and in his presence and in the presence of each other have hereunto subscribed our names as

Hugh Irwin, Eccles St Dublin Solicitor

Anne Irwin

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