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|The History and Topography of the County of Clare by James Frost|
Laurence Nihill of Limerick, Hugh Brigdall of Inch; Henry Hickman of Ballykett
Laurence Nihill of Limerick, merchant, in his petition sets forth that David Nihill, late of Garruragh, gent., being owner in fee of Fortanebeg, Arried, and Lismeehan, did on the 25th of June, 1685, make his last will, and bequeathed to his eldest son David the foregoing lands in tail male, subject to his wife’s jointure; in default of issue male of David, to his second son Michael and to his heirs male; and in default of male issue of Michael, then to the petitioner who was his third son. The will was proved in the Consistory Court of Killaloe. The elder David died in August, 1685, and was succeeded by David the younger in the ownership. He died without issue, fighting at Aughrim on the 12th July, 1691. After his death Michael became the owner, but he too died without issue on the 10th September of the same year. The widow of David senior is still alive, and is seized for her life of the one-third part of the property as her jointure. Petitioner having been adjudged within the articles of Limerick, and the remainder to him created by the will of his father having taken effect, he was then actually seized in tail male of the lands, and he asks the Commissioners for their confirmation of his title. [His claim was dismissed, and his lands of Fortanebeg and Clogheroughter alias Aried were sold in 1703, by the Chichester House Commissioners to Robert Westropp, of Bunratty, gent., for £435.]
Hugh Brigdall of Inch, gent., states that Dermot O’Brien, of Lisduff, Esq., by deed of 1659, witnessed by Patrick Sarsfield, Robert Comyn, Nicholas FitzEdmond, John M‘Namara, Murtagh Gripha, Hugh Norton, Donogh McCae, Daniel Sexton, and Donogh M‘Gillapatrick, mortgaged to Charles Bryan and Teige Clancy of Cahirea, gent., and the survivor of them, in fee, the townland of Nooaff for the sum of £105. This mortgage was in trust for claimant’s father, Wm. Brigdall, Esq., an English Protestant, after whose death the lands came to his widow, who soon afterwards married George Ross, Esq., and from Ross they passed to the petitioner. His petition is witnessed by David and Richard England, and by James Griffin.
Teige M‘Namara of Leaghort, Esq., says that the late Edmond Magrath of Derrymore, Esq., being seized in fee simple of the lands of Rosscarhy (Rosslara), did, by deed of 1682, witnessed by Robert Magrath, Darby Ryan, Ambrose Perry, Thomas Butler, Thomas Magrath, and Donogh M‘Namara, in fulfilment of an agreement made by him with petitioner, on the occasion of his marriage with Margaret Magrath, daughter of the said Edmond, granted to petitioner, for the life of his wife Margaret and the life of their eldest son Daniel M‘Namara, that part of Roscarhy then held by Donogh McConny and Edmond McMurragh, being half a plowland, and containing 86 acres, worth £6 per annum, to hold to them at the yearly rent of ten shillings. This deed was proved at the Inquisition held at Ennis in 1696, on the attainder of Redmond Magrath of Derrymore, Esq., eldest son and heir of said Edmond. The petition was witnessed by David and Richard England, and by George Stacpoole.
The claim of Henry Hickman of Ballykett, gent., sets forth that the late Viscount Clare, being owner of three cartrons in Tomfinlough, did demise those to petitioner, by deed dated in September, 1685, and witnessed by Wm. and Henry Hickman, for the lives of his three sons Luke, George, and Hugh, at the yearly rent of £20; says that the rents and the reversion of the lands are forfeited by the outlawry and attainder of Lord Clare and vested in “your honours” by Act of Parliament. Two of the cestui qui vies being yet alive, petitioner claims the land for the term of his lease.
The same Henry Hickman the elder, gent., states that Viscount Clare, being owner in fee of Ballykett, Kilcarroll, Moyaddamore, and Moyaddabeg, being all profitable land according to Strafford’s survey, did, by deed of 1688, demise these townlands to claimant for the lives of Honor his wife, of Luke his son and heir apparent, and of Jane his daughter, at the yearly rent of £60, and also paying suit and service at his Lordship’s Court Leet.