Henry Long of Youghal died at 5.10 p.m. 6 Feb 1911. He was an important person who owned much property. He had 3 sons and two daughters. This is his will.

The will lists a number of persons, not related to Henry. These are the persons mentioned herein.

Family

Children
Richard William Long of New York, America (Son)
Alicia (B) Holmes of Youghal (daughter)
Samuel Long of Milwaukee Wis. America (son)
Jeremiah Henry Long of Youghal (son)

Grandchildren
John M. Torrens of Youghal (Grand Son)
Eileen Long of Milwaukee America (Grand daughter)
Lizzy Torrens of Youghal (Grand daughter)
May Torrens of Youghal (Grand daughter)
Gordon Torrens (Grand Son)
Hugh Torrens (Grand Son)

Other relatives
Alice – Sister
Alice Jane Long – Niece

Friends
Samuel J Merrick of Longville Terrace, Knockaverry
Mary Quinlan, tenant of Knockaverry House, Youghal
Miss Dowling of Youghal
William Fortune of Youghal
John Power, Draper, of Youghal
Timothy McSweeney, Contractor, of Youghal

Places
Longville Terrace, Knockaverry

  • Longville Terrace is not shown on a map dated 1865. Knockaverry is the townland to the south of Youghal Town

Williamstown end

  • Willamstown is a townland south of Knockaverry.

Gibraltar Terrace

Friar Street

  • Friar Street is the continuation south of South Main Street.

Devonshire Square

  • Devonshire Place is on the seafront to the very south of the town.

The Will

20 December 1906

In the name of God and under His guidance, I Henry Long of Youghal, Being sound in mind and clear in memory and in good will to all, make this my last will and testament, revoking and cancelling all former wills.

The mortgage to Samuel J Merrick of Longville Terrace Knockaverry and other property under the trust for my children now being paid off, I herein name them viz:-
I will and bequeath the the five houses on Longville Terrace and ground in the following manner: namely
No 1 house Williamstown end and the furniture therein to my son Richard William Long now of New York America.
No 2 house to my daughter Alicia (B) Holmes with the furniture therein for her life use and interest, and after her death to my son Samuel Long now of Milwaukee Wis. America his heirs or assigns.
No 3 house now occupied by my son as yearly tenant with any furniture, mine therein, I will and bequeath to him Jeremiah Henry Long and to his children after him as he may dispose of will or otherwise.
No 4 & 5 the smaller houses with furniture therein, I will and bequeath to my son Samuel Long now of Milwaukee Wisconsin America,
Knockaverry House now occupied by occupied by Mary Quinlan as yearly tenant, I will and bequeath to my son Samuel Long aforesaid, with the furniture therein.
The cottage at rear of house now occupied by Miss Dowling and the cross cottage occupied by William Fortune both as yearly tenants with ny furniture therein I will and bequeath to my granddaughter Eileen Long now of Milwaukee America.
I will and bequeath to the present owners the ground rent of the semi-detached cottages, belonging to my daughter A.B.Holmes and granddaughters Lizzy and May Torrens, all the owners to have equal rights over grounds, roads, passages, rights-of-way as fully as possessed by me etc.
The four houses known as Gibraltar Terrace, I dispose of in the following manner namely:-
No. 4 let to my daughter to Alicia (B) Holmes as yearly tenant, I will and bequeath to her the life use and interest in same, free of rent, and after her death, to my son Richard William Long or his heirs if any, if not, to the children of his brothers.
No. 2 house I will and bequeath to my granddaughter Lizzie Torrens with furniture therein.
And No. 3 house and furniture therein to my granddaughter May Torrens both under trust of my executors, for their absolute use and ownership.
No. 1 house Gibraltar Terrace and any interest in the three houses in Friar Street not disposed of, by this my will I will and bequeath to my grandsons Gordon & Hugh Torrens, jointly for their use and benefit, all the four houses Nos. 1-2-3-and 4 Gibraltar Terrace, are to be subject to £2 yearly ground rent (Mrs Holmes free for her life) the rent of those houses go to make up £8 yearly, the leasehold rent of Knockaverry. The £5 ground or head rent of house and premises Devonshire Square I will and bequeath jointly to the present owners viz:-
Alicia (B) Holmes my daughter and to my granddaughters Lilly and May Torrens and to the last survivor of them I will that any other property of what ever nature of kind I may be possessed of at the time of my death together with any debts due to me, shall be realised and all lawful debts due by me together with funeral and other expenses be paid. And I will and bequeath £10 to my sister Alice and £5 to my niece Alice Jane Long. The house occupied by my sister and her subject to £5 ground rent should they survive me and to my nephew John M. Torrens £10 and inasmuch as ar present there remains a mortgage or debt of £700 on the property so willed and bequeathed I further will the profit rents on all of the property (except No. 4 Gibraltar Terrace Mrs. Holmes which is to be free to her) shall be applied to the paying off of all debts due on the property, and when clear of debt the several bequests shall become the owners, entirely free of debts and not until then, and for the carrying out of this my will, I appoint and name my three sons and daughters viz:- Samuel Long of Milwaukee Wis. America, Jeremiah Henry Long of Youghal, Richard Wm. Long of New York, America, and Alicia (B) Holmes of Youghal as my executors and the executrix of this my last will and testament, and I will should any differences or trouble arise respecting the management of the property at any time, the decision of the majority of my children shall in all cases be final and settle any difference of trouble etc.

Signed, sealed and delivered, as my last will and testament, this 20th day of December 1906 in the presence of two subscribing witnesses and in the presence of each other etc.

Henry Long

Witnesses to the above signature, written in our presence, and in the presence of each other,

John Power,
Draper, Youghal

Timothy McSweeney
Contractor, Youghal

——————————–

The above will is quite complicated. Also it seems, it contains several errors, perhaps the most obvious is to my nephew John M. Torrens – J M T is Henry’s grandson!
After Henry’s death and as a result of the wills’s complexity and error content, there was bitter argument between the sons, daughters and grandchildren about the will. This bickering went on until 1925 when an agreement was drawn up between the parties still living. However – this very complication gives the will interest to local historians and genealogists.

———————————-

The following is a copy of what is written on a half sheet of note paper and found in the fold of testator’s will:-

Dick got out of PO. £500
Harry got
Grocery concern, College and Agricultural exper. £500

Jane and Bee got
Devonshire sq. House and Weeting House Lane £500
2 cottages £200
—-
£700

Saml. got nothing
To get 2 Houses Longville £500
1 cottage Knockaverry £300
Interest in Friar St. £100
Succession No 1. Longville £200
The succession of No. 4 Gibraltar Terrace and No 1
to Gordon and Hugh as joint owners. Nos 2 and 3 to Lizzy and May

Dick No 1 Longville £400
Bal. over £500
—-
£900

Bee No. W Life use £100
4 Gibraltar £100
Bal. over £700
—-
£900

Harry and son No. 3 Longville £400
Kennedy’s House £300
Bal over £500
—–
£1200

PostScript

The will cause an argument which was eventually (14 years later) settled. A copy of the Memorandum of Agreement is present below.

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The Will of Henry Long of Youghal – Memorandum of Agreement

Henry Long of Youghal died at 5.10 p.m. 6 Feb 1911. He was an important person who owned much property. He had 3 sons and two daughters. His will was a little confused and caused controversy amongst his beneficiaries. After many years, they finally came to an agreement and this is a copy of that legal agreement.

The document in my possession is a copy of the original, typed of the back of a letterhead of ‘J.M. Torrens, The Pharmacy, 85 North Main Street, Youghal.’

Memorandum of Agreement made and entered into this day of March One thousand nine hundred and twenty five Between R W Long of 29 Broadway, New York, USA and Joseph Holmes of Forstal Villa, Aylesford, Kent, parties of the first part and John M. Torrens, North Main Street, Youghal, Ireland, and Thomas Rickerby of Oak View, Tralee, Co. Kerry, Ireland, parties of the second part.

Witnesseth that whereas the parties of the second part are assumed to have an interest in the estate of the late Henry Long of Youghal, Ireland, and whereas representatives of the said estate have offered the said second parties One hundred pounds each in lieu and in settlement of their claims whatsoever against said Estate.

It is therefore now agreed on between the said parties that said second parties will do and hereby agree to accept One Hundred Pounds each as a fair, honourable and equitable settlement of any claim or interest they the said second parties may have in ot to the said estate and in consideration of same the said first parties do and hereby agree to guarantee the payment of said One Hundred pounds to each of said second parties at and upon the same time they the first parties receive their legal interest in said Estate and that in consideration of said guarantee by the first parties the parties of the second part do and hereby agree not to be parties to or countenance any action at Law or otherwise against said Estate. In like manner the said first parties agree to protect the parties of the second part from any legal expenses which may arise by reason of any action at Law necessary to the clearing up of said Estate.

And whereas it is not known by the first parties whether the late Hugh Torrens, a fifth member of the Torrens family, left a will or not, devising or otherwise his assumed interest in said Estate the second parties do agree to indemnify the said first parties against any claim that may be made hereafter under the Will of the late Hugh Torrens for their portion, individually, of the £400 offered to the Torrens family in settlement of their assumed interest in the said estate.

In witness whereof we have hereunto set our hands on the day and date as above written.

Page’s Author: Richard Torrens
Document URI: genealogy.torrens.org/Youghal/Long/WillHenryMemo.html
Last modified: Sun, 29 Dec 2019 13:29:19 GMT
First published 9th September 2002.
© 2002 – 2022 Richard Torrens