Monday, November 22, 2010

The Will of Samuel William Hyde Alleyn (abt1803 - 1854)

My ancestor Samuel William Hyde Alleyn (or Alleyne, and sometimes written Allen) came from Golden, Tipperary in Ireland with his family in 1850 on the 'Thetis', and died in 1854 ( Given the paucity of Irish records and my desire to learn more about the Alleyn family, my mum kindly ordered his probate records (Will and associated documents) which I'v transcribed here.

I've transcribed the Will. Along with it are a series of affadavits related to the Will - rather than transcribe these I've given a summary of each letter. The period between when Samuel died and the probate was settled was quite a long time - 1854 to 1872.

The Will itself, like all most other documents in folded with writing on the other side.

The Will of Samuel William Hyde Alleyn

"Dated 3rd day of June 1854. Will of Samuel William Hyde Allen, Jas. Cahil Solicitor"

"In the name of God Amen. This is the last Willand Testament of me Samuel William Hyde Allen of the City of Sydneyin the Colony of New South Wales, Butcher. Whereas I am entitled after the decease of the present Proprietor to an Estate five? lives Renewable for ever in a property situated near Fermoy in the County of Cork in that part of Great Britain and Ireland called Ireland known as the "Coringa Estate" Creagh and Templenoe. And whereas I am desirous to make provision for my children after my family decease. I do hereby give devise and bequeath unto Stanley Bourchier of Stanley Cecil Street in the City of Limerick and James Macnish of said City of Sydney, Medical Doctor, executors hereby appointed by me all my right title and interest in the  said Property to be holden by them upon the following purposes And upon none other that is to say to permit and suffer my Son William Allen to enter upon same and to receive the rents ??? and profits thereof when and so soon as he shall have given legal charges upon same one fix the sum of Five hundred pounds to my Daughter Elizabeth McGrath wife to Michael McGrath of the said City of Sydney one for the sum of Five hundred pounds to my Daughter Ellen Allen one for a like sum of Five hundred pounds to my Son Samuel Allen one for a like sum of Five hundred pounds to my Daughter Ann Allen and one for a like sum of Five hundred pounds to my Daughter Mary Allen ^together with a like sum of Five hundred pounds to my wife Mary Allen {inserted afterwards}. And I hereby revoke all former Will or Wills by me at any time heretofore made and published In witness whereof I have hereunto subscribed my name this 3rd day of June in the year of our Lord one thousand eight hundred and fifty four.
{signed} Sam Allyn
Signed and published in he presence of us who in the presence of Testator and each other have scubscribed our names as witnesses
James Cahil
Henry J.S. Bowdler
John McGrath"

The Will was dated the same month as Samuel's death, suggested he was unwell and aware that it was time to settle his affairs. His occupation was butcher, and his son William Placid ALLEYN carried on the same occupation in Glebe later on. The claims appear grand - that he was due to inherit considerable property in Ireland. No mention was made of any property in Sydney where the family lived. I will write a future entry on the Alleyn family in Tipperary and the possible connection to the property in Cork.

A good deal of information is contained in the attached affadavits. They are not numbered, but are here only to aid in summarising them.

1. Petition of James Macnish of Paddington
The document is folded, with writing on the outside as follows:
"In the Supreme Court of New South Wales Ecclesiastical Jurisdiction In the Will of Samuel William Hyde Allen or Alleyne deceased.
Petition Filed 25 March 1872 Relodged 13 April 72
18th April 1872. This day the Petition Probate of the last Will and Testament of Samuel William Hyde Allen or Alleyne deceased was granted to James Macnish, one of the executors in the said Will named (leave being reserved to Stanley Bourchier the other executor also in the said Will named to come in and prove) Testator died the - June 1854. Goods sworn at 50 pounds. Probate dated the same day as granted."

The cover note highlights the period of time from the death of Samuel Alleyn (1854) till the Will was 'proved' in 1872 (a period of 18 years). The letter itself, dated 14 Mar 1872, is a petition by James Macnish of Paddington near Sydney stating that 1. Samuel William Hyde Allen or Alleyne died on the 22nd of June 1854, 2. that Macnish was an executor of the Will, 3. the Samuel was 'possessed of personal property in the Colony', and 4. that Macnish has pulished his intention to apply for probate of the last Will and Testament of Samuel. The application was granted.

2. Affadavit by Macnish 'as to value of assets'
The letter states that that estate and effects of Samuel is under the value of 50 pounds.

3. Affadavit by Henry Jenkins Stabeley Bowdler
The letter is from "Henry Jenkins Stabele Bowdler of North Shore near Sydney in the Colony of New South Wales Clerk in the Government Treasury" stated that 1. he confirmed the last Will and Testement of Samuel, 2. the Will was executed and signed in his presence, and the presence of James Cahill then of Sydney but now deceased.

4. A 'Further Affadavit' by Henry Jenkins Stabeley Bowdler
This follow-up affadavit dated 12 April 1872 by Henry Jenkins Stabele Bowdler swore that 1. he was a witness on the Will, 2. that the erasure of the word 'Coringa' on the tenth line of the Will and its replacement by 'Creah and Templenoe' and the substitution of the word 'Cecily' for 'Staine' on the thirteenth line and the insertion of the note granting five hundred pounds to his wife, were made at the time of the preparation of the Will.

5. Affadavit by James Macnish, Executor
Affadavit of James Macnish stating 1. that he was an Executor of Samuel's Will, and that 2. he will pay all debts and legacies of the deceased as far as the deceased's effects will extend, and will settle the accounts of the Will.

6. Affadavit of Death by Mary O'Loughlin (formerly Alleyn), widow
The affadavit by "Mary O'Loughlin, wife of Michael O'Loughlin of Sydney in the Colony of New South Wales labourer" states that 1. Samuel was her former husband and that he departed this life in our about June of 1854. The affadavit is not signed by Mary, but bears her mark, indicating that she could not write. Mary married Michael O'Loughlin in February 1855 (eight months after Samuel's death) at St Mary's Cathedral, Sydney - curiously, the parish transcript in the NSW BDM records shows her name as Mary HAMMOND - her maiden name, rather than her widowed name of Mary ALLEYNE/ALLEYN/ALLEN.

7. Affadavit of publication
Affadavit signed by Wiliam Francis Brennan of Elizabeth Street Sydney Clerk to Deane and Deane (solicitors firm), confirming that 1. a notice had been published in the NSW Government Gazette that probate would shortly be claimed, and 2. that no correspondence had been received related to this notice.

It is not explained in the above affadavits WHY there was a delay of eighteen years between the death of Samuel and the probate being approved. It may be that correspondence back and forth to Ireland establishing the ownership status of the property 'Creagh and Templenoe' in Cork, and the contested family lineage, chewed up time. It is surprising in this context that Samuel did not state his lineage (or parents) in laying claim on this property in Ireland (why would someone expecting to inherit property move to New South Wales?). This aspect will be explored in a future post, particularly given the full name Samuel William Hyde Alleyn.

Practically speaking, it appears that the above claim came to nothing, as the executors attested that the total estate was valued at under 50 pounds. As I noted above, Samuel's son William was a butcher in Glebe so probably didn't inherit land capable of supporting the Will's requests. On another positive note, the Will lists out the children of Samuel and Mary, confirming marriages. I haven't scanned the Will as it was A3 sized, but if anyone would like to see it let me know and I'll scan and post it.

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