Will of Denis Callan

    In the Name of God Amen I Denis Callan of dromiskin in the County of Louth Gentleman being of sound and disposing mind memory and understanding Do make and publish this my last will and Testament in the manner and form following that is to say I will devise and bequeath to my wife Margaret Callan otherwise Smyth during the term of her natural life over and above the sum of two hundred pounds sterling provided for her by my marriage settlement which settlement I do hereby ratify and confirm the two cabins in dromiskin adjoining the malt house together with the garden thereto belonging containing about twenty perches in order that she may reside thereon in case she shall at any time wish to live apart from her children and also a sum of twenty five pounds a year during her life to be paid hereby my Trustees and Executors out of the lands of Dromiskin which I hold under Chichester Foetescue Esquire by two half yearly payments on every first day of may and first day of November which power for distraining for the same when and so often as the same shall be in arrear together with the grazing of one cow and fodder throughout the year and half an acre of potato ground yearly and every year during her natural life I also leave her the ???? horse and car which I shall die possessed of but in case she should live with her two children in my house in Dromiskin she is not to receive said sum of twenty five pounds a year or the rent or profits arising out if said cabins and garden and grazing and foddering a cow or the potato ground I will advise give and bequeath to Chichester Fortescue and John Page Esquires and my brothers Philip Callan, John Callan and Patrick Callan Gentlemen or the survivor of them and the heirs Executors or Administrators of such survivor all my real freehold and personal estate of what nature or kind so ever subject as aforesaid upon the following trusts that is ?o?a??. As to my farm in Bogtown in trust ?o permit and suffer my son James Callan to have receive and take one half of the rents issues and profits thereof until my second son Thomas shall arrive at the age of twenty five years the to permit and suffer the said James and Thomas to hold the said lands of Bogtown during the lease thereof or my interest therein as Tenants in Common and not as Joint Tenants and as to the other half of the profits thereof till my son Thomas shall attain the age of twenty five years to apply the same and also the Interest of the sum of two thousands pounds or so much thereof as may be necessary towards his support Education and maintenance until he shall attain his said age of twenty years and to lay out the residue of said profits and interest if any interest for my said son Thomas and on his attaining the age of twenty five year then to pay and hand over said principal sum of two thousand pounds and all accumulation of said sum in the mean to said Thomas Callan and as to the lands of Carrstown In Trust to pay and apply the profits arising out of the same and the Interest arising out of the further sum of two thousand pounds or so much thereof as may be necessary towards the support Education and maintenance of my son John till he attain his age of twenty five years to lay out the residue of said profits and interest if any at interest for my said son John and on his attaining the age of twenty five years then to permit and suffer my said son John to have receive and take the said lands of Carrstown and the rents Issues and profits thereof to his use during my interest therein and also to pay and hand over said principal sum of two thousand pounds together with whatever sum, if any, which may accumulate as aforesaid to my said son John and as to my different freehold and leasehold (sic) interest in Dromiskin and the lands and houses held thereunder in Dromiskin aforesaid subject to the annuity for life payable to my wife out of said lands held under Chichester Fortescue in the event aforesaid In Trust to permit and suffer my said wife to reside in my house in Dromiskin aforesaid during her life with her sons and daughters during their minority herein prescribed and manage the same as she has heretofore done in case she shall be desirous of living with her said children subject as aforesaid upon this further trust to pay and apply the profits arising out of said freehold and leasehold premises after payment of said annuity in case same shall become payable and the interest arising of further sum of two thousand pounds or so much thereof as may be necessary towards the support Education and maintenance of my son Nicholas until he attains the age of twenty years and the residue of said profits and interest, if any to be laid out at interest in trust for my said son Nicholas and on his attaining his age of twenty five years then to permit and suffer my said Nicholas to have receive and take the said freehold and leasehold interests in Dromiskin aforesaid and the rents issues and profits thereof subject as aforesaid to him his heirs Executors Administrators and assigns during my interest therein and also the said sum of two thousand pounds which all accumulations as aforesaid if any in case he shall not then have entered into the Church as a provision and upon this further trust in case my said son Nicholas shall be lead (?) to the bar or brought up to the church to advance the necessary sum for the purpose of educating and fitting him for and advancing him in either of said professions out of the profits arising out of said freehold and leasehold premises and the interest of said sum of two thousand pounds and in the same shall not be sufficient to pay out of said sum of two thousand pounds a sum not exceeding five hundred pounds but in case he shall go into the Church previous to his attaining his said age of twenty five years then and in such case to pay him a sum of three hundred pounds only in lieu of said lands and bequest of two thousand pounds and in lieu of any he might be entitled to as residuary legatee herein or otherwise and in that case in trust as to said lands and premises so devised in Trust for him and all my Estate and Interest therein and also as to the residue of the said sum of two thousand pounds and such accumulations as aforesaid if any to divide the same equally among my sons James, Thomas, and John share and share alike as tenants in common and upon this further Trust to pay and apply the Interest of the sum of one thousand five hundred pounds or so much thereof as may be necessary towards the support Education and maintenance of my daughter Catherine Callan during her minority and lay out the remainder thereof if any at Interest to accumulate for her advantage and on the said Catherine attaining her age of twenty one years or day of marriage in case she shall marry with the consent of my said Trustees and on having a proper provision or settlement made on her before such marriage proportioned to such fortune then to pay and hand over to the said Catherine or for her ???? said sum of one thousand and five hundred pounds and such sum, if any, as should accumulate thereof AND as to all my right Trite(?) and Interest of in and to the lands of Clarestown Conneberry and house and lands in Castlebellingham and the leases under which I hold the same In Trust to lay out the profits arising therefrom annually at Interest for the benefit of my sons James, Thomas, John, and Nicholas Callan and on their attaining their ages of twenty five years to pay and hand over the same to my said sons James, Thomas, John and Nicholas and to permit and suffer the said James, Thomas, John and Nicholas from thenceforward to occupy posses and enjoy the said several lands of Clarestown Conneberry and house and lands in Castlebellingham and to have received and

    AND take the rents Issues and profits thereof during my Interest as Tenants in common and not as Joint Tenants and as to my Interest in the mills of Lurgan Green and stock in hands therein and belonging thereto In Trust to permit and suffer my son James Callan to carry on the flour business in said mills for the benefit of all my sons and to lay out their respective shares of the annual profits thereof at Interest till they respectively attain their age of twenty five years and then pay the same to each of them respectively and if the said business shall be discontinued then and in such case to sell the said stock in trade and divide the produce among my said sons upon their respectively attaining their age of twenty five years and in the mean time to lay out the same at Interest in like manner as the said annual profits and in case any of my said sons shall die under age unmarried and without lawful Issue that then snf in such case the devises and bequests so made or intended for such of them so dying shall got to and be equally divided amongst my surviving sons and if but one to such survivor and in case my said daughter shall die unmarried and without lawful Issue that said sum of one thousand five hundred pounds shall go to and be equally divided amongst my said sons share and share alike and upon this further Trust to pay to my sister Mary Callan the sum twenty two pounds fifteen shillings as to all the rest residue and remainder of all my real freehold and personal property of what nature or kind so ever In Trust to divide the same amongst my said sons James, Thomas, John and Nicholas share and share alike on their respectively attaining their ages of twenty five years and in the mean time to peace out such sum as shall come to each of them at Interest during their said respective minorities and hand over same to each on their respectively attaining their ages of twenty five years and my will and intentions is that my son James shall manage the business and farms in the way they are now manages for his benefit and the benefit of the other children subject to the limitation restrictions and provisions aforesaid and I appoint the said Chichester Fortescue, John Page, Philip Callan, John Callan, Patrick Callan and my son James Callan Executors of this my last will and Testament hereby revoking all former and other wills by me heretofore made and do publish and declare this as and for my last will and Testament this twenty second day of November one thousand eight hundred and thirteen (22 Nov 1813) Denis Callan (seal) signed sealed and published and declared by the Testator as and for his last will and Testament in the presence of us who have subscribed our names as witnesses thereto and at his desire and in his presence and in the presence of each other Henry M'Kevett John S(L)andys, John Moran

    Whereas by my last Will and Testament bearing date the twenty second day of November 1813, I have bequeathed the sum of twenty five pounds a year to my wife Margaret Callan as therein mentioned and thereby charged the same on the lands of Drominskin therein mentioned now it is my will and intention that said annuity of twenty five pounds shall be payable in equal shares and proportions by my sons James, Thomas, Nicholas and John out of the properties I have devised to them or for their benefit respectively and that said annuity shall be charged and chargeable upon the entire thereof and payable by them as aforesaid and I hereby leave and bequeath to my said wife and my son Nicholas all my household furniture plate (?) and linen and having by my said will devise and bequeathed all my property as therein mentioned to my brother Patrick Callan and others as Trustee for the purposes therein mentioned as also appointed the said Patrick Callan on of my Executors I do hereby revoke the said bequest to said Patrick Callan and also the said appointment of his as Executor my will now being that Chichester Fortescue, John Page, Philip Callan and John Callan alone shall be my Trustees and the said Chichester Fortescue, John Page, Philip Callan and my son James Callan alone shall be my Executors hereby ratifying and confirming my said were in every respect save so far as the same is revoked or altered by this codicil in witness whereof I have hereunto put my hand and seal to this as a codicil to my said will this thirtieth day of November one thousand eight hundred and fourteen (13 Nov 1814) Denis Callan (seal) signed sealed published and declared as a codicil to the last will of Denis Callan in presence of us who have subscribed our names as witnesses thereto at his desire in his presence and in the presence of each other. Thomas Taaffe, Michael Duffy Henry M"Kevett

    By the Tenor of those Present W.E. William by Divine Providence Archbishop of Armagh Pumale (?) and Metropolitan of all Ireland also Judge or President of his Majesty Court of Prerogative of Causes Eul????tieal and for facilities in and throughout that part of the United Kingdom of Great Britain and Ireland called Ireland by Royal authority rightly and lawfully constituted the established, do make known to all ?ll?? that Whereas Denis Callan late of dromiskin in the County of Louth deceased having whilst living in (?) at the time of his death