1798
Will of
Robert Hyde, Drumart, County Armagh, Ireland
Content:
1798 Will
and
the
1800
Administration
in his
Majesty's
Court of Prerogative
presented by
Anthony Hyde, Australia.
August
2002
|
Deciphering
the handwritten old Will
and Administration
papers involved many challenging and exciting hours as the content
was interesting, plus there was a twist or two. Both papers were
larger than A3 in size. I wish to thank Tom Hyde from Cavan, Ireland
for kindly forwarding me a copy of the documents for analysis. Email
contact Anthony
M. Hyde 8/2002
Various names mentioned in the
1798
document:
Francis Hyde, John Hyde, Robert Hyde, Esther Hyde, Francis Bell &
Elizabeth Bell (nee Hyde), John Justin & Rebecca (nee Hyde),
*
James McCreight of Newgrove, Martin Hadden, Widow Hadden, Robert
Ewan, Thomas Best, *
James Harden of Harrybrook Esquire
-> *
denotes a footnote at bottom of article
Complete Will and
Administration texts are featured further down the
page.
Abstract 1 :
10th February 1798
- Robert Hyde of Drumart, County Armagh, writes his last will
and testament and dies soon after. His son, John Hyde is to be
executor of the Will. Robert bequeaths money to his sons Francis
Hyde, John Hyde, Robert Hyde and daughter Esther Hyde (provided she
behaves). The Will names fields (land) to be allocated. The house is
to be divided into two parts, one part for Francis & John, the
other for Robert & Esther. Contents are also divided into parts.
Smaller amounts of money and notes are bequeathed to son-in-law
Francis Bell and daughter Elizabeth (nee Hyde). Also bequeathed to
son-in-law John Justin
and daughter Rebecca (nee Hyde) is
a portion of notes.
Abstract 2
: 18th
July 1800
- Problems arise as son, John Hyde, executor of the will,
unfortunately dies intestate, leaving part of his father's will
unadministered and undisposed of. The case requires sorting out
in the Court of Prerogative by (the famous)
*
Patrick Duigenan, doctor of law, judge of his Majesty's Court of
Ireland. Another son Robert Hyde is then nominated as
Administrator of the will. Robert has approximately six months to
administer the will and to then provide a perfect inventory to the
Majesty's Court of Prerogative on or before the last day of January
1801.
|
National Archive Index card
Robert Hyde, Drumart, Co. Armagh.
AWA, dcn, Prerog. 1800.
Original Grant 1798.
Ref. T.9046.
|
Click image for a
larger sample
|
1798 Will and
Testament
In the name of God
Amen
I Robert Hyde of
Drumart in the County of Armagh being weak of Body but of sound Mind
and Memory do hereby make and publish this my last Will and Testament
this 10th day of Feb.ry, one thousand seven hundred and Ninety
Eight-in the manner and form following
*viz.
I Give and bequeath to my son Francis the sum of fifty pounds Stl, to
my son John one hundred pounds Stl, to my son Robert one hundred
pounds Stl, to my daughter Esther the sum of seventy pounds Stl
provided she behaves well and agreeable to Mr James McCreight and my
son John. I also Bequeath to my son-in-law Francis Bell and my
daughter Elizabeth eleven shillings and four pence half penny. On
projected? Notes to my son in law John Justin for my daughter Rebecca
portion the contents of said Notes I allow to be paid and them to
have no more part of share of my Effects or Properties. I also
Bequeath to my son Francis and John the four Fields adjoining Martin
Hadden, Widow Hadden and Robert Ewan. I bequeath to my son Robert and
Daughter Esther the Meadow and three Fields adjoining Mr
McCreight together with the Garden and little Field at the end
of the House the Profits arising out of the Lands held by Thomas Best
and Martin Hadden I allow to be equally divided amongst my four
Children Francis, John, Robert and Esther. The House is to be divided
into two parts. Francis and John is to have one part and Robert and
Esther the other. Esther is to have the Bed and Bedding in the Middle
Room, my Furniture and other Chattels not before mentioned I allow to
be divided equally amongst the said Francis, Robert, John and Esther
and if they don't agree about the Division they are to be sold by
Auction and a Division of what they shall make in Money to be made
which shall be reckoned to each in part of their Portions or Sums
allotted them and in Case that my Effects or Properties shall not
amount to the above mentioned sums, the sums deficient or wanting
shall be deducted from the said Francis, John, Robert and Esther's
part in proportion to their respective shares or in any Case my
Properties shall amount to more than the above mentioned sums, the
overflow is to be divided amongst them in Proportion to their
respective shares or desire that James Harden of Harrybrook Esquire
and Mr James McCreight of Newgrove shall be Guardians and Caretakers
over my Executor and shall see every thing done justly and in Case
that Francis John Robert or Esther shall die before Marriage the
share of the dec.d is to be divided equally amongst the remaining
three or Survivors. I Nominate and appoint my son John, Executor to
this my last Will and Testament, Signed sealed published and declared
by the above named Robert Hyde to be his last Will and Testament in
the presence of JW who have subscribed our names as Witnessed in the
presence of the Testator and each other - Rob.t Hyde - Thou..? Best
John and ..L?aikin.
- *"Viz." is the abbreviation of
videlicet - Short for "namely" or "that is to say". It is often found
in legal documents to advise that what follows provides more detail
about a preceding general statement. (Duhaime's law dictionary)
- Searches for McGreight in Armagh show no matches, a search for
McCreight gave many matches.
COVER
PAGE
18 July 1800. Admon with the will annexed of the
Goods and soforth of Robert Hyde Deceased - Unadministered -
John Cooke Rogers, Proctor, No. 100 Capel St - (in
Dublin)
- Admonition - a statement of counsel or (ecclesiastical)
censure.
1800
Administration in
his
Majesty's Court of
Prerogative
===Patrick===Duigenan
Doctor of Law,
judge or commissary of his Majesty's Court of Prerogative for causes
Ecclesiastical and Faculties? in and throughout the whole Kingdom of
Ireland by Royal Authority rightly and lawfully constituted and
established so our beloved in
Christ Robert Hyde
the natural and lawfull son one of the next in kin and principal
legatee named in the last will and testament of Robert Hyde late of
Drumart in the County of Armagh deceased Greeting,
Whereas
the said Robert Hyde
so as deceased whilst living and at the time of his death Goods
Rights Credits or Chattles in divers? Dioceses or perculiar
jurisdictionary did in his life time rightly and duly make his last
Will and Testament in writing thereunto annexed wherein he nominated
constituted and appointed John Hyde sole Executor thereof, but
therein named *no
residuary legatee and afternoon died
and
Whereas
the said John Hyde
the sole Executor aforsaid took upon himself the burthen? of the
Execution of the said Will together with Administration of all and
singular the Goods Rights Credits and Chattles of the said deceased
and after he had for some time intermeddled therein departed this
life Intestate leaving some part thereof unadministered and
undisposed of And xxx being desirous that the
said Will of the said Robert Hyde deceased should be performed and
have its due effect Do therefore by those present grant full power
and authority unto you the said Robert Hyde (son) to Administer all
and singular the Goods Rights Credits and Chattles unadministered of
the said Robert Hyde deceased accordingto the contents of this said
Will and also to ask, demand, collect, recover and receive whatever
Credits belonged to the said deceased at the time of his death and
also to pay whatever debts the said deceased owed at the time of his
death and also to pay whatever debts the said deceased owed at the
time of his death so far as such Goods Rights Credits and Chattles
will thereunto extend and the law requires You being first sworn by
Commifsion? on the holy Evangelisits in due form of Law well and
faithfully to administer and dispose of all and singular the Goods
Rights Credits and Chattles unadministered of the said according to
the contents of his said Will and to perform the said Will and pay
the debts and legacies of the said deceased and? also to make a true
full and perfect
inventory
of all and
singular the Goods Rights Credits and Chattles unadministered of the
said deceased and to exhibit the same into the Registry of his
Majestys said Court of Prerogative on or before the last day of
January next Ensuring and also to render a true full and perfect
account thereof into the said Court when you shall be thereunto
lawfully required
and we do
by Virtue of those
present Nominate Ordain Make and Constitute you the said Robert Hyde
Administrator of all and singular the Goods Rights Credits and
Chattles unadministered of the said Robert Hyde deceased according to
the Contents of his said Will having the right of every person
whatsoever
in
testimony
where of xxx have
caused the seal of his Majestys said Court of Prerogative to be
hereunto Affixed Dated the Eighteenth day of July in the year of our
Lord One Thousand Eight hundred.
Extracted by
* John Cooke
Rogers, Proctor - *
No. 100 Capel Street
Definitions looked up :
- Prerogative Court - the court of an archbishop for the
probate of wills and trial of testamentry causes in which effects to
the value of five pounds had been left in each of two dioceses within
his province. (In 1857 changed to Court of Probate).
- Ecclesiastical - matters pertaining to the Church.
- *no residuary legatee -
no one entitled to the residue of an estate.
- residue - remains of a testator's or intestator's estate
when all his liabilites have been discharged.
- Administrator - an appointee of the court who settles the
estate of a deceased who died without leaving a will
- Proctor - manages the causes of others in a court
administering civil or canon law.
*
Footnotes and references to :
* Patrick Duigenan lawyer, king's
counsel, king's advocate-general of the high court, judge of many
courts in Dublin, MP for Armagh, died at Westminster 1816
* John Rogers 16
Henrietta St, Dublin (proctor). Source: Dublin City Directory
1850
* 100 Capel St - Edward Fullam,
100 Capel St, Dublin (solicitor). Source: Dublin City Directory
1850
* James McCreight of Newgrove.
1876 reference to a James McCreight in Dromore, a large landowner.
http://www.failteromhat.com/lo1876/armagh.pdf
* James Harden of Harrybrook Esquire, a huge landowner
from Harrybrook, Tandragee.
http://www.failteromhat.com/lo1876/armagh.pdf
Hope you found this historical document interesting.
I wish to hear from anyone that can
trace their Hyde roots back to County Armagh, Ireland.
Please Email Anthony M.
Hyde
The Will and Administration papers presented here do not seem
to link directly with my family, but both families are from the
same region.
My HYDE family is traced back to the townland of Kilmagamish,
Drumcree Parish, County Armagh where a branch of the Hyde family
lived and farmed. c.1784 with John and Margaret Hyde (nee Stewart).
Children: Stewart (1815-1879); Robert (b.1819); Moses (b.1821);
Edward (b.1823); Elizabeth (b.1826); Margaret (b.1829); George
(b.1831).
©A. Hyde, August 2002; Material within this site may be
copied and freely circulated as long as it is not used for financial
gain, and the origin of the material is credited.
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