The Silver Bowl: 1881 June 28

1881. No. 3,312.

IN THE HIGH COURT OF JUSTICE IN IRELAND.

CHANCERY DIVISION.
MASTER OF THE ROLLS.

Writ issued 28th June, 1881.

BETWEEN- EMILY WILHELMINA COULTER[1] and HARRIETT BAILIE[2], by JOHN COULTER[3] their next friend, …. …. Plaintiffs;

AND

SAMUEL COULTER[4] and HENRY VICTOR

BAILIE[5], .... Defendants.

STATEMENT OF CLAIM

DELIVERED BY CHARLES MACMAHON[6], JUNIOR. OF NO.13 PARLIAMENT STREET, IN THE CITY OF DUBLIN, PLAINTIFFS' SOLICITOR, ON THE

DAY OF OCTOBER, 1881.

Robert Ellis Bailie,[7] late of Shortstone[8], in the County of Louth, Gentleman, was, at the time of making by him of his will hereinafter mentioned, and at the time of his death, seized or possessed of or otherwise well and sufficiently entitled to (amongst other property) certain one-half part of the Lands of Annaghavackey[9] and also the Lands of Trea[10], in the said County of Louth.
The said Robert Ellis Bailie duly made and executed his last will and testament dated 1st May, 1834, and thereby devised and bequeathed said one-half part of the Lands of Annaghavackey, and said Lands of Trea, to the Trustees therein named, upon trust to assign, transfer, and make over to testator's third son, William Bailie[11], to have, hold, occupy, possess, and enjoy all said part of the Lands of Annaghavackey, together with the Lands of Trea, for and during the term of his natural life. And .said will provided that said William Bailie should not have any power to let, sell, mortgage, or incumber the said lands or any part thereof in any manner, but that he should enjoy the rents, issues, and profits thereof during his life, and that in case he should die leaving lawful issue, then in trust to assign said above-mentioned lands to such. issue their heirs, executors, administrators, and assigns in such shares and proportions as said William Bailie should, by deed or by his last will and testament, appoint.
The said Robert Ellis Bailie died soon after the execution of said will, and same was duly proved by the executors named therein.
The said William Bailie went into possession of said lands of Annaghavackey and Trea, and enjoyed the rents and profits thereof during his life.
The said William Bailie died on the 29th October, 1879, leaving the Plaintiffs, Emily Wilhelmma Coulter and Harriet Bailie, the Defendant, Henry Victor Bailie, and several other children him surviving.
By his will dated 31st July, 1879, the said William Bailie exercised the power of appointment given to him by the said will of his father, the said Robert Ellis Bailie. In due exercise of said power he devised and bequeathed the said one-half part of the lands of Annaghavackey, and all his right, title, and interest therein, to the Defendant, Henry Victor Bailie, his heirs and assigns for ever, but subject to an annual sum of £40 to said Emily Wilhelmina Coulter during her natural life, and also subject to one other annual sum of £20 to the Plaintiff, Harriett Bailie, during her natural life, and testator directed that each of said two annuities to the Plaintiffs should be paid half-yearly on the 21st November and 21st May in each year, and that in the event of the said Harriett Bailie dying in the lifetime of the said Emily Wilhelmina Coulter the said annuity of £20 so bequeathed as aforesaid, should go to the said Emily Wilhelmina Coulter in addition to the sum of £40 already bequeathed to her, and be payable in like manner. And testator further directed that the annuity of £40 to be paid as aforesaid to Emily Wilhelmina Coulter, or said annuity of £2G, if said Emily Wilhelmina Coulter should become entitled thereto, as aforesaid, should be for the sole and separate. use and benefit of said Emily Willhelmina Coulter during the term of her natural life.
The said William Bailie died, as before mentioned, without having altered or revoked his said will, and probate thereof was, on the 28th October, 1880, granted forth of the Armagh District Registry of the Probate and Matrimonial Division of Her Majesty's High Court of Justice in Ireland to the Defendant, Henry Victor Bailie, Charles Edward Bailie and Alfred Bailie, the executors named in said will.
On the death of said William Bailie, the Defendant, Henry Victor Bailie, went into, and still remains in possession of said one-half part of the Lands of Annaghavackey, and is in receipt of the rents and profits thereof.
Application on behalf of the Plaintiffs, Emily Wilhelmina Coulter and Harriett Bailie, have been made to the Defendant, Henry Victor Bailie, for payment of said respective annuities of £40 and 1:20, but without success. There is now due to the Plaintiff, Emily Wilhelmina Coulter, the sum of £62 10s, for arrears of said annuity of £40 up to the 21st of May, 1881, there is also due to the Plaintiff, Harriett Bailie, the sum of £31 5s. for arrears of said annuity of £20 up to same date,
The Defendant, Samuel Coulter, is the husband of the Plaintiff, Emily Wilhelmina Coulter.

The Plaintiffs claim as follows :—

That said respective annuities of £40 and £20, and the respective arrears thereof, may be declared to be well charged upon, and to be payable out of the said one-half part of the Lands of Annaghavackey.
That an account may be taken of the respective sums due to the Plaintiffs in respect of the arrears of said respective annuities, and that Defendant, Henry Victor Bailie, may be ordered to pay to each of the Plaintiffs what, upon taking the account, shall be found to be due and owing to them.
That in the meantime, if necessary, a Receiver be appointed to receive the rents and profits of said Lands of Annaghavackey, and that such Receiver may be directed to apply the rents and profits of the said lands in the discharge of head-rents and other outgoings, if any such there be, having priority to Plaintiffs' demands, and in the discharge of the arrears of said annuities so due and owing to the Plaintiffs, and also in discharge of the accruing gales of said annuities as same may hereafter become due and payable.
That the costs of the suit be provided for.
That the Plaintiffs may have such further or other relief as the nature of the case may require.

GEORGE H. GARTLAN.

CHARLES MACMAHON, JUNR., Solicitor,
13 Parliament-street, Dublin.

…ING, Printer, 36 Upper Ormond quay, and 1 Charles-street, West, Dublin,

[1] Emily Wilhelmina COULTER nèe BAILIE (abt1861-aft1911). In 1911, she was living as a widow with two children at Glasdrummond, Co. Armagh. Her daughter Elizabeth COULTER ( (abt 1886-aft 1911) and her son Samuel COULTER (abt 1888-aft 1911). She lived in a 7 room house made of brick or stone and with 7 outbuildings: a stable, coach house, cow house, piggery, fowl house, boiling house and barn. All indications of a mixed farming enterprise. She was the widow of Samuel COULTER (see point #10 beneath). He was dead at the time of the 1911 Census and likely before 1901. I have not seen that census, but she is recorded as the landowner in 1901. SOURCE:Devlin Famil Website NOTE At first I felt sure that she was a daughter of William BAILIE, based on point #5, but on further reading I think the language is ambiguous. In the 1856 court case, the children of William are named. SEE: http://www.thesilverbowl.com/documents/1856Jan22-BAILIE.html They do not include an Emily or a Wilhelmina. Looking elsewhere, I wonder if they were the children of Rev. John BAILIE (1806-1885) who was a brother of William and also was the curate of Creggan in 1831. SOURCE: Armagh Clergy and Parishes.

[2] Harriett BAILIE. (abt 1866- aft 1911). In the 1911 Census, she was living with Emily COULTER and was unmarried. SOURCE: 1911 Census. NOTE: At first I felt sure that she was a daughter of William BAILIE, based on point #5, but on further reading I think the language is ambiguous. See footnote above.

[3] John COULTER. NOTE: I cannot yet be sure which of several John COULTERs he might be.

[4] Samuel COULTER, husband of Emily Wilhelmina COULTER (see point #10 beneath).

[5] Henry Victor BAILIE. Son of William BAILIE.

· PRONI will abstracts: Letters of Administration (with the Will annexed) of the personal estate of Henry Victor Bailie late of Annaghavackey County Louth Farmer who died 6 November 1893 at same place were granted at Armagh to Mary Jane Bailie of Annaghavackey Widow a Legatee. Effects £62 2s. 6d.

[6] Charles McMAHON jr. Charles McMAHON was the son of Mr. Charles MacMahon, of Brookfield, Clerk of the Crown and Peace for the County of Louth, from the year 1869 to 1885. [Charles the elder] was one of the leading solicitors of the County, until his official appointment necessitated his retirement from the profession. He was an eloquent advocate and sound lawyer, and enjoyed the confidence of his numerous clients. Mr. MacMahon succeeded to the office of Clerk of the Crown on the death of Mr. P. J. Byrne, in 1869; and at the retirement of Mr. Thomas Bourne in 1879 he was appointed also Clerk of the Peace. He was married to Miss Gartlan, sister of Peter M'Evoy Gartlan, and Mrs. John Gartlan. His eldest daughter was married to Mr. W. Russell, of Killough, a kinsman of Lord Russell of Killowen; and the second to the late Judge Mulholland brother-in-law to Lord Russell. His only son, Mr. Charles MacMahon, of Brookfield, succeeded him as Solicitor, and has since 1885 ably and successfully, practised his profession at his offices in Clanbrassil Street. He is married to Miss Ternan, of Drogheda, and has two children. SOURCE: Tempests Jubilee 1909.

[7] Robert Ellis BAILIE (1775-1834) SOURCE: http://www.faughart.com/inscriptions-page5466.html BAILIE Underneath this stone lieth the Remains of Robert Ellis Bailie Esqr of Shortstown who departed this life on the 4th day of May 1834 Aged 59 Years. Likewise of Margaret Bailie his wife who departed this life the 11th of August 1855 Aged [blank] years.

[8] Shortstone. There are two townlands: Shortstone East & Shortstone West, both in the Parish of Roche. I would expect that Shortstone West is the townland in question. In the 1854 Grifffiths Valuation, pretty much the whole townland is owned in fee by a Robert BAYLEY. The only part that is not is a house and small garden held in fee by Mary COULTER, who would have been the widow of Samuel COULTER who was murdered in 1851. He maiden name was BAILIE and I suspect that she was a sister of this Robert BAYLEY.

[9] Annaghavackey is a townland of 369 acres in the Parish of Creggan, Co. Louth. In the 1854 Griffiths valuation, it seems that most of the townland is owned and leased to people who are related (DICKIE, BAILIE, BRADFORD, OLIVER). The total value was £283 1 0. This document likely refers back to earlier wills and leases. SEE: 1835 Feb 12 deed: http://www.thesilverbowl.com/documents/1835Feb12-ATKINSON-BAILLIE.html That Memorial referred back to an earlier deed of 1811. There was a partition (mutually agreed upon) which involved 172 acres of Annaghavackey aka Roachdale whereby (it seems) Robert Ellis BAILIE got the 87 acres that he had been occupying and that Robert DICKIE got the 87 acres that was already in his possession. As a result of a further partition, of which this is a memorial, it seems that the brothers (sons of Robert Ellis BAILIE), Rev John BAILIE and William BAILIE then partitioned the 87 acres belonging to the estate of Robert Ellis BAILIE and each got about 43 acres on the northern part of Annaghavackey.

[10] Trea. There is a Trea., a townland of 253 acres in the Parish of Creggan, Co. Louth. In Griffiths Valuation of 1854, A William BAILIE leases to a John and a Robert BAILIE house offices and lands on 10 acres with a valuation of £6.0.0. He also leases other acreages and buildings to others for a value of £59 6 0. He himself leases bogs from Reps of John DUNN covering about 10 acres. Since the land in this court case keeps referring to Trea along with the townland of Annaghavackey, I had assumed the townlands to be in the same parish & Co. I could be wrong. Curiously, a deed dated Feb 12, 1835 refers to a William BAILLIE of Tray, (Parish of Donaghmoyne), Co. Monaghan.

[11] William BAILIE (-1879)

· PRONI Will Abstracts: The Will of William Bailie late of Annaghavackey County Louth Gentleman deceased who died 29 October 1879 at same place was proved at Armagh by the oaths of Henry Victor Bailie Charles Edward Bailie and Alfred Bailie all of Annaghavackey Farmers the Executors. Effects under £50.

· Return of Murders committed in Ireland since 1842 Volume 35. A William BAILIE was recorded as victim of attempted murder.