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The History and Topography of the County of Clare by James Frost

Appendix II - Last Will of Daniel Lord Viscount Clare (Now in the hands of Father Gilbert Brody)

In nomine Domini. Amen. I, Daniel, Lord Viscount Clare, being of perfect sense and memory, yet weak of body, do order my Will and Testament of my Estate in manner as followeth:—First, I bequeath and leave to my eldest son, Colonel Daniel O’Brien, and his heirs males, all my real estate, as manors, castles, lands, tenements, and hereditaments, as also all my breeding mares and stallions; and after the decease of the said Daniel, leaving no issue male lawfully begotten behind him, to my second son Colonel Charles O’Brien, and his heirs male for ever, he or they discharging all my debts and incumbrances rightly charged on my estate, as also the sum of £4,000, lately made over by me as marriage portion, unto my daughter Mary O’Brien, as by my conveyance to that intent, lying in the hands of Colonel Charles M‘Donnell. And I do order and leave Captain James Berry and Ned Torpy to keep and oversee the said stud of stallions and mares for the use of my son Colonel Daniel O’Brien until he comes over seas, conjuring him to cherish and use my now tenants with all favour and kindness as he expects my blessing, and to be loving and kind to his brother Charles. Secondly, I bequeath and leave to my second son, Colonel Charles O’Brien, my field plate and the use of his brother Daniel’s horses, after they come to the age of five or six years, as often as need shall require, as also my horse Custard and all other my riding horses, my boat and brigantine, he first discharging and paying off such money or debts due from me to the dragoons or officers of my regiment, and if there be any other petty debts unpaid, I conjure him on my blessing to see them paid immediately, and do also leave unto him all my right unto the lands of Insy (Inch), and the rest of Clanchy’s estate thereabouts, and I do charge him, as he expects my blessing, to love his brother Daniel, and to shun all manner of debauchery and evil company, and to leave the keeping of the field plate and hampers to Thomas Mearis, to allow him twenty pounds a year and a riding nag. I leave and bequeath unto Dr. William Carrigg £40 a year, during life, on Dromore or any other part of my estate, and one hundred pounds in money to Thomas McNamara of Limerick, merchant. I leave and bequeath unto the Spanish Doctor Michall my riding padd called Swyny, as also my scarlet embroidered cloak, and one hundred pounds in money on Thomas McNamara of Limerick, merchant. I leave and bequeath unto my mother all other my moveable goods and household stuff, and the disposal of all my lands in Scormuck (?) to whom she thinks fit, and also my sheep, which she is to dispose of to poor widows and orphans as she thinks fit after my debts are paid, and also to appoint such stewards or overseers of my estate as she shall think fit. I leave my brother Colonel John M‘Namara, two mares of the Neapolitan breed, and Whitefoot to Colonel Patrick Sarsfield. I leave to Donogh Cory ten pounds during life. I order my black cattle to be disposed of towards the payment of my debts at Ennis, Clare, &c., and especially to pay Mahony and Stacpole, and to dispose of the money they have received formerly towards the payment of other debts, and do desire Edward Morony, Esq., and Dermot Considine of Leitrim, to see that performed immediately. I order that the widow of Daniel M‘Namara shall be paid of my own cattle in as many as shall appear she had wrongfully lost by me or mine. I order and leave all what estate or lands I have hitherto enjoyed and possessed by virtue of my Provisoe, and which of right belonged to and was the estate of other proprietors in the year 1641, to be immediately restored to the several proprietors as shall appear before Father Gilbert Brody, Edmond Morony, Esq., and Dermot Considine of Leitrim, to be their respective proprietors then. I leave to Daniel M‘Duane’s children the freedom of six cows in Kilballyowen, with their houses and gardens a piece, and six acres a piece for tillage to themselves and theirs. I order that my sons Daniel and Charles shall not remove six young Persian horses out of the stable until they be six or seven years old, and that Michael Gillareagh shall enjoy his horse, and ride and look to my horses, and to be rewarded by my son Daniel as he shall deserve. I leave to little Harry O’Brien forty pounds a year on my estate. I leave to Elinor Grady the freedom of five cows in money during her life, and my mother to take care of her. I order that Conor Considine shall enjoy his farm of Clonreddane during the lives of any two persons he shall name in his lease besides those lives formerly inserted therein. I do leave to the tailor Richard Keating, the freedom he hath hitherto, during his life. I order my children to be careful of John Dea’s wife and children, and of black Joan. I leave to Honora Tuohill ten pounds per annum during life. I leave James Barry his farm of Killinny rent free during his life. I leave John Bane FitzPat to my son Daniel, enjoining him to give him five pounds a year during his life. I appoint Father Gilbert Brody, Edmond Morony, Esq., and Dermot Considine of Leitrim, to see this my last will and testament executed immediately, according to my intent and meaning. I order that Gerson shall not be removed from his farm, nor the men that works in the quarry. I order to Mathew the coachman, the fourth part of Cross, at the same rent with the other tenants. I desire Father Gilbert Brody and Dermot Considine to see Daniel Huony’s daughter satisfied in her just demand out of my goods. I bequeath to the wives of Robert Kelly, Donogh O’Devane, Teige Roe O’Quilly, Hugh Mioll, and Honora O’Neill widow, shall have two cows a piece freedom. I order that John O’Dea shall be paid in grazing what he shall prove to be justly due. I leave to Dermot Gorman his own part of Dromellihy as his ancestors enjoyed in 1641. I leave to James Roche the rents of Lismuse till he is paid his full claim; that Murtagh Roe M‘Mahon shall be paid out of my stock of sheep or cattle for the price of the horses he sold me and some arrears of rent. I order that Captain James M‘Donnell shall enjoy the farm of Kilballyowen during the life of himself and his sons Daniel and Randal M‘Donnell in peace and settlement, and during the war to enjoy it rent free. I order Thomas M‘Namara to be accountable to my son Colonel Charles O’Brien, and Colonel Saxby, for what money he received for my use, desiring them to pay twenty pounds a piece of the same to the Friars of Quin and Limerick after the other debts are paid, and fifty pounds to the Friars of Ennis, and six pounds a piece to the friars of Askeaton and Adare. Item, I leave to Dr. Denis Brody my sword, pistols, saddle, and five pounds. I leave to Teige M‘Murrogh and his father what Father Brody and Dermot Considine shall think fit of my goods. All this I own to be my last will in presence of [4]

Den. Brody.
Wm. Nelan.
Jam. Barry.
Dermott Considine.
20th of October, 1690.