Individual Details

Will

Abstract of the will of James McCulloh, Esq. of Dublin, Ireland.
[Dated] 13 Feb. 1744. Narrate 1p., [Probated] 13 May 1745. His wife Mary McCulloh otherwise Ferguson. His nephew Mr Wm. McCulloh. His eldest daughter Margt. McCulloh. His second daughter Jane McCulloh, James Stewart, Co. Antrim, Esq., and Charles Macartney, Dublin, merchant, trustees. To James Macartney son of said Charles Macartney £300 when 21 years. Alice Bowker of the Kingdom of Great Britain. His servant Alice Boyce £100 for her faithful service. James McCulloh
of Piedmont, Co. Antrim, Esq., and his said nephew Wm. McCulloh exors. His real and personal estate.
Witnesses: John Treanor, Dublin, Edmd. Wall, Dublin, gent.
Paschall Wilson, Dublin, scrivener.
Memorial witnessed by: Paschall Wilson, William Bigger, Dublin, gent.
116, 414, 81200
Wm McCulloch (seal)"



JAMES McCULLOH
MEMORIAL OF WILL
Dated 13 Feb 1744/45, Registered 13 May 1745
Book 116, pp 414-415, No 81200

(Transcription by Robert D Epperson, 16 Jul 2007)

James McCulloh No 81200
Esqr his Will

Regd the 13th day of
May 1745 at 5 a
Clock in the After
Noon

A Memorial of the Last Will and Testament of James McCulloh of the City of Dublin Esqr bearing Date & perfected the thirteenth Day of February on thousand Seven hundred and Forty four, whereby the said James McCulloh did first devise all his Estate real and personal that he dyed po?se?sed of or Intitled unto, unto James Stewart of the County of Antrim Esqr and Charles Macartney of the City of Dublin Mercht & the Survivor of them & his heirs in Trust & to & for the Several uses therein & herein after mentioned, that is to Say, upon Trust that they the said James Stewart & Charles Macartney & the Survivor of them & his Heirs shou’d in the first place pay off and Discharge all debts funeral Expences & other incumberances which shou’d remain due at the time of his decease of what kind soever, Secondly that they the sd James Stewart & Charles Macartney & the Survr of them and his Heirs Shou’d out of the produce of his sd Estate pay off & discharge the Several Legacys therein & herein after mentd & devised to the Sevl persons therein & herein after mentd which he charg’d & incumbered his said Estate with as soon as Conveniently might be after his decease, and thirdly that the sd James Stewart and Chas Macartney and the Survr of them and his Heirs shou’d Stand Siezed and po?se?sed of all & Singr the remainder of his sd Estate both real & personal upon Trust & to & for the Sole use & Benefit of his Nephew Mr William McCulloh and his Heirs for ever upon Trust & to the intent that they his sd Trustees & the Survr of them and his Heirs shou’d permit & Suffer the sd Wm McCulloh & his Heirs to Receive the Yearly rents i?sues & profitts of my sd Estate for ever Subject to the Sevl Legacys & incumberances herein before & herein after mentd, he also devis’d unto his Eldest Daughter Margt McCulloh the Sum of Six hundred pounds ster to be paid her out of his sd Estate, he also devis’d the like Sum of Six hundred pounds ster unto his second Daughter Jane McCulloh to be paid her in the Same Manner as the herein before Legacy is made payable, he likewise devis’d the Sum of Thirty Pounds p Ann unto his Wife Mary McCulloh other wise Ferguson to be paid yearly to his sd Wife & her a?signs (in Lieu Barr & full Recompence of any demand his sd Wife might Claim out of his sd Estate) by his said Trustees & the Survr of them & his Heirs during her Natural Life, also he Devis’d unto Alice Bowker of the Kingdom of Great Britain the Sum of Two hundred pounds Ster provided She shou’d by proper Acknowledgement discharge his sd Trustees & the Survr of them & his Heirs from all demands which She her Heirs Excrs Admrs or A?signs had or might thereafter have on all or any part of his sd Estate real & personal whatsoever & in case sd Alice Bowker shou’d not give such Acquittances as aforesd then he Annull’d & made void the sd Legacy to all intents whatsoever it being his Will that the sd Sum of Two hundred pounds shou’d be in Lieu of any Sum or Sums of money She might thereafter Claim off of all or any part of his sd Estate real or personal he likewise devis’d unto James Macartney Son of the sd Chas Macartney the Sum of Three hundred pounds ster to be pd him at his age of Twenty one Years, he further devis’d unto his Servt Alice Boyce the Sum of One hundred Pounds ster for her faithfull Service, And Lastly he Nominated & Appointed James McCulloh of Piedmont in the County of Antrim Esqr and his sd Nephew William McCulloh Excrs of that his will revoaking all others which sd Will was duly Published by the said James McCulloh in the presence of John Treanor of the City of Dublin, Edmond Wall of the same Gent and Paschell Wilson of the same Scr and this Memorial was Signed & Sealed by the sd William McCulloh one of the Legatees of sd Will in the presence of the said Paschall Wilson & William Bigger of the City of Dublin Gent.

William McCulloh
Signed & Sealed }
in the presence of us}

Will Bigger
Pashall Wilson Scr –

The above named Paschall Wilson maketh Oath that he Saw the Memorial above written Duly Signed & Sealed by the above named William McCulloh and that the name Paschall Wilson Subscribed as a witne?s thereto is this Depts proper hand writing & that he delivered the same to Mr James Saunders Dep Regr on the 13th day of May 1745 at or Near Five a Clock in the after Noon – Pascahll Wilson.

Sworn before me the 13th day of May 1745
James Saunders Dep Re
_______________________________
“Survivor of them and his heirs” James Stewart and Charles Macartney are appointed trustees for the estate, however should one of them die the survivor is to act as trustee, and if survivor to the two trustees dies, then his heirs would act as trustee.
Charles Macartney is the brother-in-law of James McCulloh married to James’ half sister.
William McCulloh is the son of James McCulloh’s brother William McCulloh
Note that the nephew William McCulloh receives the property of the estate “in trust”. He and his heirs possess the property forever, but only so long as he or they provide for the widow Mary Ferguson McCulloh and pay the amounts of the legacies bequeathed to the other heirs.
“pounds Ster” means “pounds Sterling”.
“p ann” means “per annum” or annually.
“in Lieu Barr and full Recompence” is a term found in some wills. It is often stated as “in Lieu Barr and full satisfaction” or “in Lieu and full satisfaction”. It appears to mean “in place of going to court and in full payment or discharge of some obligation” for instance, in this case, the widow’s dower of one third of the estate.
James McCulloh of Piedmont is also a nephew, the son of the deceased’s brother William and the older brother of the nephew William McCulloh mentioned in the will.
“Gent” abbreviation for “Gentleman”