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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A90356 The pedigree from old Andrew Barrett, Esq having seven sons, who made several feofments to several trustees in trust of all his estates to theuse [sic] of his last will, who made the said will in Dublin, July 9. 1613. and thereby intails all his estate upon Sir James Barrett his eldest son, and to his heirs male; and for want thereof, to the 2d, 3d, 4th, 5th, 6th, 7th sons, as by inquisitions, deeds and records, may, and will appear. 1685 (1685) Wing P1049B; ESTC R231930 9,516 5

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to the Appellant then by the affixing up the Order upon the door of this most Honourable House The Appellant Petitioned 14 Dec. 1680 setting forth the Proceedings aforesaid and what delays and tricks had been used by the Respondent that he was advised his Appeal was at an end by the Respondents chusing to proceed at Law Therefore prayed that he might not be surprized offering if he might have convenient time to come to a hearing if your Lordships should think fit to hear the Cause Whereupon It was Ordered the said Cause should be peremptorily heard the 1st of February 1680. Accordingly Sir Mathew Dean his Agent came into England 16th January 1680 found the Parliament Dissolved and hath ever since waited here in order to the hearing of his Cause before this most Honourable House This being the third time Sir Matthew Dean with the Records and Evidences to prove the Appellants Title to the Estate in question hath been hazarded at Sea which Evidence if lost the Appellants Title at Law can never be made out The Appellant hath spent these six years in Suits to defend his Right above 4000 l. which hath put him into so great debts that he cannot appear and if the Cause be not determined by your Lordships the same will be his and his posterities utter ruin Therefore it is most humbly prayed this Cause may receive a determination before your Lordships this present Sessions Old Andrew Barrett Esq his Will whereby he Intails all his Estate on his Seven Sons and to their Heirs Males who was great Grandfather to Sir William Barrett who made the Will in Bristol by which Capt. St. Leger claims only his Right which abovesaid Old Andrew was also Great Grandfather to the Appellant John Barrett Esquire IN the Name of God Amen I Andrew Barret of Ballincolly in the County of Cork Esq being at this present God be praised in perfect health and ready to depart for England have thought fit for avoiding of such dangers and inconveniencies as might befall do make this my Last Will and Testament for the direction of the Estate that it pleased God to lend me and disposing of the same in the best manner that in so short a time I could call to mind First I commend and commit my Body and Soul to Almighty God whose Divine Spirit Grace and Assistance I humbly implore to guide direct and accompany me for my defence against all wicked spirits and the suggestions of my spiritual Enemy And whereas I have Infeoffed my Cousin Mr. Patrick Roch Fitz Morice by my Deed dated the ninth of this present month and year of all the Mannors Castles Towns Lands and Tenements expressed and mentioned in the said Deed to the use and uses of my last Will and Testament And now my will is that the said Patrick his Heirs and Assigns shall stand and be seized of all and singular the said Mannors Castles Towns Lands and Tenements and Hereditaments except such Lands as I have past for my Wife Katharine Barrets Jointure during her life only and such Portions as I have made assurance of for my beloved Daughter Gennet Sarsfild during the continuance thereof and such Mortgages as I have made and stand now in force during the continuance of the same to the use of payment of all debts that shall lawfully appear to the said Patrick to be due upon me by specialty or otherwise and after taking order for such payments then to stand seized for preferment of both my Daughters Ellen and Ellyne in manner following Vid. for Ellen my Eldest Daughter whom I love and offended me not if she shall be matched with the advice and consent of her Mother her brother James and their friends Three hundred pounds I mean no Irish money but the best Coyn and for my Youngest Daughter Ellyne whom I also love matching as before Two hundred pounds of the best Coyn. My Will is that my Daughter Ellens Portion shall be increased to Two hundred pounds which preferments are thus to be rated vid. the Aids due upon my Tenements to be levied and if her Match be to her friends liking fifty pounds more being duly raised of what shall remain to be paid out of the rents and profits of the said Lands in this Mannor vid. out of my Wifes Jointure being too great for my Estate if I had not great respect as I ought to have of her the third part of the said overplus of preferments and out and from my Son and Heir James Barrett two parts and all the said payments and preferments so paid then my will is that the said Patrick his Heirs and Assigns shall be seized of all the Premises except before excepted and the four Plow-lands of Garriadin Ballivillum Ballivorinse Balluveran Kileuomly and Killmyllion to the only use and behoof of my Son and Heir James Barrett to the Heirs Males lawfully by him to be begotten on the body of my loving Daughter Gennet Sarsfild and for want of such Heirs Males of the body of the said Gennet by him to the Heirs Males of his body on the body of any other Wife lawfully to be b●gotten and for want of such Heirs Males of his body to the use of John Barrett my second Son and the Heirs Males of his body lawfully to be begotten and for want of such Heirs Males of the said John's body to the use of Edmond Barrett my third Son and the Heirs Males of his body lawfully to be begotten and for want of such Heirs Males of the said Edmonds body to the use of William Barrett my fourth Son in like manner as before if he become not a Priest or Spiritual man as is intended and if he become a Priest or Church-man or otherwise want Heirs Males of his body lawfully begotten then to the use of Richard Barrett my fifth Son and the Heirs Males of his body lawfully to be begotten and for want of such Heirs Males of the said Richard's body then to the use of Robert Barret my sixth Son and the Heirs Males of his body lawfully begotten or to be begotten and for want of such Heirs Males of the said Robert's body to the use of Andrew Barret my seventh Son and the Heirs Males of the said Andrew's body to be begotten and for want of such Issue to the use of my right Heirs for ever And further my will is that my said Son and Heir James Barrett shall after my Wifes death and after determination of all other Estates in being