This file of the Transcription of the Last Will and Testament of Sir John James Burgoyne, Strabane, County Tyrone, Northern Ireland (died 1838) 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.
In The Name of God Amen, John James Burgoyne, Knight
I, Sir John James Burgoyne of Strabane in the County of Tyrone, Knight being through the abundant mercy and goodness of God of a sound and perfect mind, body and understanding do make and ordain this my last will and testament hereby revoking all other and former wills by me at any time heretofore made and as to such worldly estate, lands, tenements, goods, chattels and all properties of all kinds as God has of his goodness been pleased to bestow upon me.
I give and dispose thereof in manner hereinafter mentioned by the settlement entered into and executed upon the marriage of my daughter Margaret with Alexander Auchinleck, the two tenements in the Town of Strabane with the dwelling houses, office houses, yards and gardens hereinto appertaining in which [??] Hamilton and myself now reside, together with the three tenements and gardens in the rear thereof and the field on the Curly Hill which I hold under the heirs of Mr. Patrick Fleming - all situated, lying and being in the Town of Strabane, parish of Camus and County of Tyrone aforesaid - and also a certain Policy of Assurance bearing date July 21st in the year of our Lord 1812 for the sum of £3000 effected upon my life with the Equitable Assurance Company of London and all benefit, interest and accumulation to arise therefrom were assigned to and now are legally vested in the Reverend Edward Bowen, rector of the parish of Taughboyne in the County of Donegal and William Auchinleck Esquire of the City of Dublin, upon trust among other things to permit and suffer my dear wife Charlotte (in case she should survive me) to occupy, possess and enjoy - if she should think proper to do so - the house and offices, fields and gardens with appurtenances that I at present occupy for her life or for such shorter time and at such yearly rent as might be agreed on between her and my said trustees and subject to such agreements thereupon trust that the said trustees should sell and dispose of the whole of the said tenements and premises.
The monies which should arise from the sale thereof and the monies which should arise or shall be received from the said Assurance Company by virtue of said policy after deducting therefrom the amount of all premiums paid by me from and after the 21st day of July, 1818 at the rate of £83 13s 6d by the year and chargeable with all my debts and funeral expenses should as to four fifths parts or proportions thereof vest in and be held by the said trustees for such intents and purposes as I should direct and appoint. Whereas upon the marriage of my daughter Isabella with William Grills, I did by indenture bearing date the 21st day of November in the Year of our Lord 1828 grant unto Gilbert Howe and Anne Fox an annuity or yearly sum of £50 which is also secured by bond to them as trustees for her to be paid in such manner and subject to such provisions and agreements as are therein mentioned and contained.
Whereas I have since laid out considerable sums of money on said dwelling houses and premises in improving the same and, as there is now little chance of any of the other branches of my family occupying said premises, I do therefore leave and bequeath to my dearest wife Charlotte and my son Michael Head Burgoyne full power and authority to possess, occupy and enjoy all said premises with the appurtenances with the yards, gardens, fields and offices hereunto adjoining and belonging either during their joint and several lives if they so wish or for such period as they shall be desirous of so doing, subject to the payment of such rent as my said trustees shall appoint, not to exceed the annual sum of £100. I also direct that, in case my said trustees or executors to my will agree to sell and to dispose of said several houses tenements and premises, that my wife or my son Michael may have a preference in the purchase thereof. If they should decline or be unwilling to become purchasers thereof, then I direct that my son Thomas Neville Burgoyne may be preferred before any other.
Now I do hereby, in pursuance of the power given me by said Deed of Settlement, direct and appoint and hereby devise and bequeath four fifth part of said monies and also the sum of three hundred pounds late Irish Currency due me by the late Mrs. Francis Hamilton, and all interest which may be due on the sum at the time of my death unto my brother-in-law Thomas A Howe Esq, Barrister at Law, the Rev'd John Head, Dean of Killaloe, to the Rev'd Edward Bowen and William Auchinleck Esq, their executors, administrators and assigns upon the trusts and for the purposes following: Upon trust by and out of the accruing interest of the said several sums of money or of a competent part thereof to pay the said annuity of £50 as the same shall become due to the said Gilbert Howe and Anne Fox and the survivor of them upon the trusts and subject to the provisos and conditions in the said indenture. I charge the said properties exclusively with the payment thereof and subject thereto then upon trust as to their three fifths parts thereof to and for the sole use and benefit of my children the Rev'd Thomas Neville Burgoyne, Claudius Burgoyne and Harriett Julia Burgoyne being three of my children by my first wife, their executors, administrators and assigns in equal shares and proportions. My will is that the provisions thus made for them shall be paid to my said sons Thomas and Claudius as soon as may be after my death and to my said daughter Harriett upon her attaining the age of twenty-one years or being married, whichever shall first happen.
In case either of my said two sons or my daughter shall die before their respective portions shall become payable then the share or shares of the person so dying shall be equally divided between the survivors of my said three children, their executors and administrators and be paid to them at such time and manner as is herein before mentioned and expressed touching his or her original proportions.
In case any of said three children who shall live to attain the age at which their said shares shall respectively become due or payable as aforesaid shall then die unmarried and without leaving issue, my will is that such child so dying shall have the power of bequeathing his or her portion to and amongst such of the survivors of my children Thomas, Claudius, Margaret, Harriett and Julia or his, her or their children, executors or administrators only as he or she so dying shall think proper but not otherwise or to any other person or persons and in default of such bequest then the said portion to be equally divided amongst the survivors or survivor of my said last mentioned children, their executors or administrators and as to the amount of the said premiums of assurance on said policy from the said 21st day of July 1818 at the rate of £83 13s 6d per annum. My will is that it shall be paid to and equally divided among my children by my present wife, their executors and administrators.
As to the remaining fifth part or proportion of my aforesaid properties upon trust that my said trustees or the survivor of them do lay out and invest the same in good and sufficient security without risk to themselves or in government security and to pay the interest to arise therefrom to my present wife Charlotte during the term of her natural life year and yearly. From and immediately after her death then my said trustees or the survivors to pay the principal thereof to my two children by my present wife - namely Charlotte Head Burgoyne and Henry Head Burgoyne, share and share alike between them.
I give, devise and bequeath the fields on the Curly Hill which I hold under Councillor Stewart to my son-in-law Alexander Auchinleck, his executors and administrators, for the uses of the settlement executed upon his marriage [after the death of my dear wife who is] if he wishes to enjoy during that period subject to the required rent hereby authorized to do so.
Whereas upon my marriage with my present wife Charlotte Burgoyne, otherwise Head, a settlement bearing date the 26th day of November in the year of our Lord 1818 was executed whereby the sum of three thousand pounds late Irish Currency, her marriage portion, and the further sum of three thousand pounds of the like Currency insured on my life with the Atlas Assurance Company were settled in manner therein particularly mentioned.
Since my said marriage, it has pleased God to increase my fortune and by the care and attention of my said wife I have been enabled to save further sums of money wherewith I have purchased the Fee and Inheritance of the two Townlands of Ballygowan situated in the parish of Drondan, Barony of Armagh and County of Tyrone. As I am desirous of providing for my present wife and such children as I have or shall have by her, I do therefore give, devise and bequeath the said towns and lands of Ballygowan with their appurtenances and also all my freehold property, lands, tenements and premises in the County of Donegal and also the said last mentioned sums of three thousand pounds and three thousand pounds and all accumulations and interest thereon and all other sums of money and securities for money and another property of every nature or kind whatever not herein otherwise disposed of which I may die possessed of or entitled to either in my own right or in right of my said wife to my trustees herein before named, their executors, administrators and assigns upon the trust and for the purposes and with and subject to the powers, provisos, conditions and limitations hereinafter mentioned and expressed concerning the said towns and lands of Ballygowan and my freehold tenements and premises in the County of Donegal upon trust that my said trustees and the survivors and survivor of them and his heirs do and shall permit and suffer my said wife Charlotte and her assigns to receive and take the rents and profits thereof to her own use and benefit and for the maintenance and education of her children.
[The aforesaid is] subject thereto upon trust that the said Thomas A Howe, Rev'd John Head, Rev'd Edward Bowen and William Auchinleck and the survivor of them, his heirs and assigns do and shall stand seized thereof to the use of my son Michael Head Burgoyne and his assigns during the term of his natural life and from and after the determination of that estate by forfeiture or otherwise in his lifetime then to the use of the said Thomas Howe, John Head Edward Bowen and William Auchinleck and the survivor of them his heirs and assigns during the life of my said son Michael Head Burgoyne to preserve and support the contingent uses and estates hereinafter given from being defeated and destroyed and for that purpose to make entries and bring actions as occasion shall require, but nevertheless to permit and suffer my said son Michael Head Burgoyne or his assigns to receive and take the rents and profits of the said townlands and tenements for his own use during his life and from and immediately after the decease of my said son Michael to the use of his first son lawfully begotten and the heirs inside the body of such first son issuing and for default of such issue to the use of the second third and fourth son and all and every other the son and sons of my said son Michael lawfully to be begotten severally successively and in remainder one after another as they shall severally by seniority of age and priority of birth and the heirs made of such son and sons issuing.
For want of or in default of such issue to the use of my son Henry Head Burgoyne and his assigns for and during the term of his natural life and from the determination of that estate in his lifetime by forfeiture or otherwise then to the use of the said Thomas Howe, John Head, Edward Bowen and William Auchinleck and the survivor of them and his heirs during the life of my son Henry in trust to preserve and support the contingent uses and estates hereinafter given from being defeated or destroyed and for that purpose to make entries and bring actions as occasion may require but nevertheless to permit and suffer my son Henry and his assigns to receive and take the rents issued and profits thereof during his life and from and immediately after the decease of my said son Henry to the use of his first son lawfully to be begotten and the heirs male of the body of the first son lawfully issuing and for want or in default of such issue to the use of the second, third and fourth son and all and every other the son and sons of my son Henry lawfully to be begotten severally, successively and in remainder one after the other as they shall be in seniority of age and priority of birth and the heirs male of the body and bodies of all and every such son and issuing.
For want or in default of such issue, to the use of my daughter Charlotte Head Burgoyne during her natural life and after the determination of that estate in her lifetime by forfeiture or otherwise then to the use of the said Thomas Howe, John Head, Edward Bowen and William Auchinleck and the survivor of them and his heirs during the lifetime of my said daughter Charlotte in trust to preserve the contingent uses and estates hereinafter given from being defeated and destroyed and for that purpose to make entries and bring actions as occasion may require but nevertheless to permit and suffer my said daughter Charlotte and her assigns to take the rents and profits thereof to her and their own use during her life and from and immediately after the decease of the said Charlotte to the use of her first son lawfully begotten and the heirs male of the body of such son lawfully issuing and for default of such issue to the use of the second, third, fourth and all and every other the son and sons of the body of my said daughter Charlotte lawfully to be begotten and the heirs male of his and their body and bodies lawfully issuing.
For want or in default of such issue, to the use of my said son Thomas Neville Burgoyne and his assigns for and during his natural life and from and after the determination of that estate by forfeiture or otherwise in his lifetime then to the use of the said Thomas Forde, John Head, Edward Bowen and William Auchinleck and the survivor of them and his heirs during the life of my said son Thomas in trust to preserve and support the contingent uses and estates hereinafter given or limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion may require but nevertheless to permit and suffer my said son Thomas or his assigns to receive and take the rents and profits of said lands and premises during his life and from and after the decease of my said son Thomas to the use of his first son lawfully to be begotten and the heirs male of his body lawfully issuing and for default of such issue to the second, third, fourth and all and every other son and sons of my said son Thomas lawfully to be begotten and the heirs male of his and their body lawfully issuing.
For want or in default of such issue to the use of my said son Claudius Burgoyne and his assigns for and during his life and from and after the determination of that estate in the lifetime of the said Claudius by forfeiture or otherwise to the use of the said Thomas Forde, John Head, Edward Bowen and William Auchinleck and the survivor of them and his heirs during the lifetime of my said son Claudius in trust to preserve and support the contingent uses and estates hereinafter given from being defeated and destroyed but nevertheless to permit and suffer my said son Claudius and his assigns to receive and take the rents and profits of the lands and tenements and premises during his life and from and immediately after the decease of my said son Claudius to the use of his first son lawfully to be begotten and his heirs male lawfully issuing and for default of such issue to the use of the second, third, fourth and all and every other the son and sons of my said son Claudius lawfully to be begotten and the heirs male of his and their bodies lawfully issuing.
For want or in default of such issue to the use of my daughters Margaret Auchinleck and Harriett Julia Burgoyne, equally to be divided between them share and share alike as Tenants in Common and not as joint tenants and the heirs of the body and bodies of my said daughter or daughters lawfully issuing and if there shall be failure of issue of my said daughter or daughters then to the use of my daughter Frances Rogan and the heirs of her body lawfully issuing. For want or in default of such issue then to the use of my own rightful heirs forever.
As for and concerning the said two sums of three thousand pounds and three thousand pounds and accumulations and interest thereon and all other sums of money and securities for money and all other property of what nature or kind soever not herein otherwise disposed of which I may be possessed of upon the trust and confidence following that is to say upon trust to pay to or otherwise to permit and suffer my said wife Charlotte to receive and take all interest dividends and proceeds thereof to and for her own use and benefit and for the maintenance and education of her children and from and immediately after the decease of said dear wife then upon trust and for the use of our children Henry and Charlotte and such other children as she may happen to have hereafter in such shares and proportions and payable at such time and times as my said wife in case she shall survive me shall by any instrument in writing appoint. In default of such appointment then to be equally divided amongst such children, share and share alike, and to be paid to them on their respectively attaining their ages of twenty one years or days of marriage which shall first happen. [In case of only one child the trust for such child is to be paid upon his or her attaining the age of twenty one years or day of marriage.] In case we shall not have any child or children that shall become entitled to the said last mentioned properties then I give and bequeath the same to my son Thomas Neville Burgoyne. But if he shall die before my said wife then I give and bequeath the same to my son Claudius Burgoyne. In case he shall die before my said wife then I give and bequeath the same to my daughters Margaret Auchinleck, Harriett Julia Burgoyne and Frances Anna Rogan, their executors and administrators, share and share alike between them.
I also leave and bequeath to my said dear wife all my household furniture, linen, carriages and horses to hold as her goods and chattels forever. I also leave her the use of my plate, pictures and books, she giving security of equal value to be accountable for the same or the value thereof and I will and direct that my said plate, pictures and books shall descend and go as heirlooms and shall be possessed and engaged by the persons respectively to whom I have hereinbefore devised the lands of Ballygowan he, she or they in like manner giving security of equal value to be accountable for the same or the value thereof and shall follow the limitations I have created with reference to said lands of Ballygowan and shall always go with said lands so far as the rules of law will permit.
I hereby constitute and appoint my said wife executrix and my aforesaid friends Thomas A Forde, the Rev'd John Head, the Rev'd Edward Bowen and William Auchinleck, executors of this my will being fully confident that my said wife will continue to perform her duty towards all my children in the manner she has heretofore done and which has claimed my love and approbation. I hereby revoke all former and other wills by me at any time heretofore made or spoken. In testimony whereof I have hereunto put my hand and affixed my seal this sixth day of March in the year of our Lord one thousand eight hundred and thirty five.
John James Burgoyne
Signed sealed published and declared by the said Testator as for his last will and testament in the presence of us who at his instance in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
Thomas Wallace, John Gray, William Glasse
A Codicil to the last will and testament of Sir John James Burgoyne of Strabane in the County of Tyrone, Knight:
Whereas by my last will and testament in writing duly executed, bearing date the sixth day of March last, I did among other things the lands of Ballygowan in the County of Tyrone and certain lands tenements and premises in and near the town of Lifford in the County of Donegal, after the death of my dear wife Charlotte, on my son Michael Head Burgoyne and his lawful issue male and in default of such issue with remainder to my son Henry Head Burgoyne and his lawful issue male and in default of such issue with remainder to my daughter Charlotte Head Burgoyne and her lawful issue male in default of such issue then with remainder to certain other of my children as by my said will did reference [??].
Whereas I have thought it right and proper to limit the said entail by giving my said dear wife Charlotte a power to change or vary the same so far as it extends to my said three children Michael Head Burgoyne, Henry Head Burgoyne and Charlotte Head Burgoyne but no further, I do therefore hereby so order, direct and appoint. My will is that in case my said dear wife Charlotte shall survive me and shall deem it right and expedient to alter or vary the limitations and entailment created by said will so far as the same extends to my said three children Michael, Henry and Charlotte and their respective issues male that then she my said wife shall have full power and free and absolute authority in case she shall survive me to limit, vary or alter the said entail of said lands of Ballygowan and the appurtenances thereunto belonging and also the said lands and tenements near Lifford in such manner as she shall think proper to direct, limit or appoint so that the same shall be done in writing by some deed or instrument duly executed or by her last will and testament, duly executed in the presence of three credible subscribing witnesses, but always providing that my said wife Charlotte shall have no power of altering, limiting or varying the entail of the said lands, tenements and premises or their appurtenances farther or to any other extent than with regard to the rights of my said children Michael, Henry and Charlotte and their respective issues male and not to extend to the limitations created if my said three children should die without lawful issue male as in said will is set forth.
In witness whereof I have hereunto put my hand and seal, the twenty second day of May, one thousand eight hundred and thirty five.
John James Burgoyne
Signed, sealed, published and declared by the said Sir John James Burgoyne as and for a Codicil to his last will and testament in presence of us who at his instance in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
James McDougall, Thomas Wallace, William Glasse
Proved at London with a Codicil 18th December 1838 before the Judge by the oath of William Auchinleck Esq one of the executors to whom Administration was granted having been first duly sworn to Administer power, reserved of making the like grant to Dame Charlotte Burgoyne, widow the relict, Thomas Arthur Forde Esq, The Rev'd John Head and the Rev'd Edward Bowen [??], the other executors named in the said will when they shall apply for the same.
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