Will of Bernard Harkin
Harkin, Bernard
Died, 28 July 1872
Amt. of Assets: £2,977:6:0
In the name of God, Amen.
I Bernard Harkin of Massiness, in the County of Donegal, Merchant, & Farmer, being of sound and disposing mind, memory and understanding, do make publish and declare this my last Will and Testament.
I give devise and bequeath unto Manasses Denniston and Patrick McGettigan, both of Drumdutton, in the County of Donegal, farmers, all my household goods, chattels, farming stock, houses and lands, stock in trade, outstanding debts, money in bank and all estate and effects of what nature and kind soever I may die possessed of or entitled to upon this special trust and confidence, (nevertheless, that is to say, that they, my said trustees, or the survivor of them, or the Executors or Administrators of such survivor shall appoint a fit and proper person to conduct and manage the business of my shop and farm as at present carried on at Massiness aforesaid for the support, maintenance and education of my children, Patrick Harkin, Mary Affrick Harkin and Rose Harkin, and that my son Patrick Harkin may be trained up to said business and on his attaining the age of twenty one years, in case he conducts himself well and prudently to the satisfaction of my said trustees, that the said house and premises and farm and shop and business and stock in hand and estate and effects of what nature and kind soever as may be then remaining after the payment of the legacies and bequests herein after mentioned and the carrying out the trusts of this my last will shall become his sole property, but in case he does not conduct himself well and prudently to the satisfaction of my said trustees then I direct that it shall become the property of my daughters as hereinafter provided for in case of his death.
And as to my daughters Mary Affrick Harkin and Rose Harkin, that they may be supported and educated suitable to their position and station in life until they attain the age of twenty one years respectively or are suitably married and settled in life with the consent and approval of my said trustees, and that then and in any such case provided they have conducted themselves prudently and well to the entire satisfaction of my said trustees. I direct that they shall each be paid severally such sums, not exceeding ten hundred pounds as my said trustees shall think fair and right after making allowances for their support and education that that not more than One Hundred pounds each of said sum be paid them until they are three years married and if one or neither should survive then no more to be paid except at the discretion of my trustees and in case of issues.
And whereas the sum of One Hundred ponds was bequeathed to my brother Hugh by our father, to be paid to him as I should think fit, I therefore give an bequeath this sum of One hundred pounds to my said trustees and the parish priest of Clondahorky for the time being to be by them disposed of for the use of my said brother Hugh in case he survives and as they think fit, and after his decease to be applied to the other trusts of this my will.
And as to my mother Rose Harkin, in case she shall survive me, I direct her to get her support and maintenance as at present in my house, and in case she ceases to reside and be supported there I direct my said trustees to pay her twenty pounds annually for her life, and I direct my said trustees to pay to my cousin Mary McGinley, the sum of One Hundred pounds in consideration of her services, that on acct of said sum she is not to claim any salary &c.
And in case my said son Patrick Harkin should die before having attained the age of twenty one years, then I direct the entire estate and effects of whatsoever kind to which he should be entitled to be distributed share and share alike between my said daughters Mary Affrick Harkin and Rose Harkin on their attaining the age of twenty one years, provided they conduct themselves prudently and well to the entire satisfaction of my said trustees or are suitably married and settled in life with the consent and approval of my said trustees, and in case either of my daughters shall die before attaining the age of twenty one years or being married and settled in life as aforesaid that then and in such case I direct that her share of my property shall be given to the survivor on her attaining the age of twenty one years or being suitably married and settled in life with the consent and approval of my said trustees provided she conducts herself prudently and well to their entire satisfaction, and in case all of my said children shall die before attaining the age of twenty one years or fail to conduct themselves prudently and well and marry contrary to the consent and approval of my said trustees then I direct my entire estate and effects to be sold and disposed of and the proceeds thereof to be applied and apportioned in such share and proportion to the poor of the parish of Clondahorky and the Roman Catholic Church of the said parish of Clondahorky as my trustees may judge fit and right and it is my will and meaning that my said trustees or either of them shall not be liable to answer or make good any loss in any matter relating to or concerning the execution of the trust maintained in this my will unless the same shall happen by or through their or either of their neglect or default, nor shall either of them my said trustees be answerable or accountable for the acts, deeds, receipts or disbursements of the other of them, but each of them shall be answerable only for their own separate acts, deeds and disbursements and that they shall and may pay and reimburse themselves or himself out of my estate and effects all costs, charges and expenses whatsoever that they or either of them may sustain in or about the execution of this my will or the trusts hereby in them reposed.
And lastly, I do hereby nominate constitute and appoint the said Manasses Deniston (sic) Executor of this my last Will and Testament, and I do hereby revoke and make void all former and other will or wills by me at anytime heretofore made and i do declare this to be my last Will and Testament, in witness whereof I have hereunto subscribed my name this ninth day of November in the year One Thousand eight hundred and seventy one.
Bernard Harkin
Signed published and declared by the said testator, as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses.
Witnesses,
Francis Whoriskey
William Whoriskey
Codicil
In addition to Manasses Deniston and Patrick McGettigan, my trustees and Executors, I also add the names of the Roman Catholic Bishop of the Diocese of Raphoe for the time being and John McGinley, Merchant, Crossroads, Falcarragh, Co. Donegal and do hereby appoint Manasses Deniston (sic), Patrick McGettigan, the R. Catholic Bishop of Raphoe for the time being, Trustees and Executors of this my last Will and Testament with this injunction that all expenses prudently and lawfully incurred in carrying out the conditions of my will be defrayed out of my effects and Estate.
Signed - Bernard Harkin
Massiness, 20th Feby. 1872
Signed by testator in presence of withesses and by witnesses in presence of Testator and each other.
Signed,
Francis Whoriskey
William Whoriskey
Second Codicil
I appoint Manasses Deniston, Patrick McGettigan, the Roman Catholic Bishop of the Diocese of Raphoe (for the time being) & John McGinley, Merchant, Crossroads, Co. Donegal, the Executors and Trustees of this my last Will and Testament.
Signed - Bernard Harkin
Massiness, 28th Feby. 1872
Signed,
Patrick Kelly
James his + mark Harkin
For Probate see Probate Book No 3, page 170
Will & Probate 19 folios
Afft. (Affidavit) of due Execution filed.
Probate Details
Date of Death: 28 February 1872
Date of Grant: 10 October 1872
The Will (with two Codicils) of Bernard Harkin late of Massiness County Donegal, Merchant, deceased who died 28 February, 1972 at same place was proved at Londonderry by the oaths of James McDevitt of Letterkenny, Roman Catholic Bishop of Raphoe, Manasses Deniston (sic) of Drumdutton (Carrigart) and Patrick McGettigan of Drumlackagh (Carrigart), Farmers, and John McGuiley (sic) of Crossroads (Falcarragh) Merchant all in said County, the Executors.
First will: 09/11/1871
1st Codicil: 20/02/1872
2nd Codicil: 28/02/1872 (the day he died)
Bernard's wife Winifred Harkin (neé Denniston - sister of Manasses and first cousin of Patrick McGettigan) died on 09/09/1865 aged 37. At the time of Bernard's death, Patrick was 16. He died unmarried in 1883 aged 26. Mary Afric was 6 and Rose was 8. Mary Afric married . Patrick Stanislaus Walsh, and had six children including Dermot Walsh. Rose never married and inherited the family business. She died in 1955 aged 91. Bernard's brother Hugh was still alive and living with Rose in (Census of 19x1).