Smyth Family

By indenture dated the 6th of July, 1812, on the marriage of Jane Young, widow, with John Byrn, the lands of Drutamon, and of I.F.C.T.L.M. and K., (freehold,) and other leasehold lands were conveyed to trustees, upon trust to permit and suffer Anne Young (daughter of Jane, and afterwards Mrs. Swanzy) to receive thereout an annuity of £100, and to raise £1000 to be paid her on her marriage; and to pay Jane during her coverture for her sole use the remainder of the rents and profits; and upon such further uses, trusts, and purposes as should thereafter be mentioned by any deed to be executed by Jane, or by her last will and testament, notwithstanding her coverture, and duly attested according to law; and in default of such appointment, to the use of Jane, her heirs, &c. By another indenture, dated December 13, 1821, the said Jane Byrn, in pursuance and part execution of the power reserved to her by the last deed, conveyed the lands of M. and K. (part of the lands comprised in that deed) to the use of the defendant Jane Henrietta Hassard for her life, remainder to her issue in such shares as she should appoint. By her will, duly attested, and dated the 12th of February, 1830, the said Jane Byrn (after reciting the power in the settlement of 1812, and that the will in question and all future codicils were by virtue and in execution thereof, and of all powers enabling her, &c.) confirmed the deed of 1821, and devised all her property, real and personal, to trustees; habendum to the use of the trustees, upon trust to pay all debts, legacies, incumbrances, and funeral expenses, out of her personal estate, and the produce of certain chattel interests. She then directed that her trustees should stand seised of the lands of T.L. and C. to the use of her son Francis S. Young for life, and after his decease to the use of such of his sons and their heirs as he should appoint, and in default of appointment to his first and other sons in tail; remainder to the use of her second son Charles S. Young (the plaintiff) in strict settlement. The testatrix then directed that the trustees should stand seised of the lands of Drutamon, and of F. and I.,to the use of Charles S. Young for his life, with remainder to his children in tail. She then gave the following annuities: to her son William Walter Young an annuity of £50, to her sister Rebecca Rawson an annuity of £30, to her daughter Jane Henrietta Hassard an annuity of £100, to her daughter Mrs. Swanzy an annuity of £30, to Margaret Clarke an annuity of £10, and to her son John Young an annuity of £50; and she directed that the said annuities should be paid without any deduction, and empowered the annuitants respectively to distrain the premises thereinafter charged with them, or any of them, if unpaid for thirty days. An additional annuity was then given to John Young to commence as soon as the debts and incumbrances were paid. The will then went on to state, “I hereby charge the said several annuities on the lands so devised to the use of my son Charles S. Young, and on such residue as shall remain of the lands so directed to be sold, or the produce thereof after paying my debts and the incumbrances before directed to be paid thereout; and it is my intention that the lands so devised to the use of my son Francis S. Young shall not be liable to any portion of said annuities, debts, or incumbrances.” Then followed a devise of the lands of G. B. and T. or such part as should remain unsold, and such other property as the testatrix should die possessed of, to the use of Charles S. Young for life, remainder to his children successively in tail. A power was then given to each of the devisees for life to jointure, and make leases for three lives or thirty-one years. Charles S. Young was appointed residuary legatee and devisee. The testatrix afterwards, on the 14th July, 1833, made and executed a codicil to this will, by which she revoked the devise of the lands of L. and C. to her son Francis, and devised the said lands of L. to her son William in fee; and she revoked the annuity of £50 to William, and instead thereof gave him £500, payable after her debts should be paid; and she devised the lands of C. to the use of Mrs. Swanzy for life, (in addition to what was left her by the will,) remainder to her children. Then followed this clause: “And whereas I did, by my said will, give to the said trustees the town and lands of Drutamon, in the county of Cavan, to the use of my son Charles S. Young, as therein; now I do hereby revoke so much of my said will as gives said lands ot Drutamon to my said son Charles, and I do hereby direct that my said trustees shall stand seised and possessed of the said last mentioned lands to the use of my daughter Mrs. Jane Henrietta Hassard for her life, (in addition to what I have left her by my said will,) for her sole and separate use, free from the control and engagements of her present or any future husband, her own receipt to be alone a sufficient discharge; and after her death in trust for her son Patrick S. S. Hassard, if living at the death of his mother; but in the event of said Patrick dying before he attains his full age of twenty-one years, or not being alive at the death of his said mother, then I direct that said last mentioned lands shall go to my own right heirs. I do hereby confirm my said will in every particular, save so far as this writing by way of codicil alters or revokes the same; and I do hereby declare this to be a codicil to my said will, and to be deemed and taken as part thereof.” On the 15th of July, 1833 the testatrix made another codicil, by which she directed her furniture and household property to be sold for payment of debts and legacies, and bequeathed various articles of personal property to Mrs. Swanzy and her daughter, and to Henrietta Hassard. The testatrix died in August, 1833 without further altering her will, leaving at her death six children, who entered into possession under the various provisions of the will and codicil above recited. The plaintiff on the 28th of October, 1837, filed a bill in Chancery against the defendants, praying that it might be declared that the said lands of Drutamon, in the possession of Henrietta Hassard, together with the said lands of G. T. I. and F., in the possession of the plaintiff, were charged and chargeable with the payment of the several annuities due and payable under the will and codicils of the testatrix; and that all the said lands were liable to contribute rateably, in proportion to their respective value, to the payment of the several annuities. The question referred by the Lord Chancellor to this Court was, “whether, upon the true construction of the will and codicils, the lands of Drutamon were liable to contribute to the payment of the several annuities in the said will mentioned, or any of them.”

P68. Chancery Bill. D30 Aug 1798. Amended 28 Feb 1800. Many ans. PL: Thomas Charles Stewart Corry, a minor, by the Rev. Robert Montgomery his next friend. DF: Rebecca Smyth, widow, Samuel Madden, the Rev. James Young, Jane his wife, Edward Groom, Sarah his wife, Harriette, Anne & Rebecca Smyth, Rebecca Corry, James Drought, Henrietta and Jane Stewart, Hamilton Gorges.Thomas Charles Stewart Corry, son of Thomas Corry, of Fairfield, Co Monaghan, Esq, a minor, about the age of 15, by the Rev. Robert Montgomery his next friend, states that Samuel Madden, of Hilton, Co. Monaghan, Esq., surviving trustee and executor of the will of Charles Stewart, late of Bailieborow House, CoCavan, Esq, deceased, filed his Bill in this court 2 Feb 1798, against several parties therein named. The will of Charles Stewart was dated 23 Dec 1788. He devised the Manor of Bailieborow to your supplt. Exrs. Samuel Madden and Patrick Smyth, of Bailieborow, Esq. Charles Stewart died 23 Feb 1793, the said Patrick Smyth was receiver of rents, and died 17 Jun 1797, leaving Rebecca Smyth otherwise King his widow, and leaving also five daughters his coheiresses at law, namely Jane Young, otherwise Smyth, the wife of the Rev. James Young, of Bailieborow, Co Cavan, Clk., and Sarah Groome, otherwise Smyth, the wife of Edward Groome, of Castlecomer, Co Kilkenny, Esq, and Harriette Smyth, Ann Smyth &Rebecca Smyth, spinsters.

The Smyth Family

Ann (Smyth) Dickson

Harriet C. Smyth

Hugh Smyth

Jane (Smyth, Young) Byrne

Patrick Smyth

Rebecca (Smyth) Rawson

Sarah (Smyth) Groome

Thomas Smyth