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Evidence and Proceedings on the Bill of Attainder for Cornelius Grogan Esq


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Evidence and Proceedings on the Bill of Attainder for Cornelius Grogan Esq

Date of Article: 14/05/1805
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•* 4 ( Ireland.)— EVIDENCE AND PROCEEDINGS RESPECTING and by him duly executed, did devife and bequeath all that and thofe the town and Lands of Johnstown in the county of Wexford, the Ferry ofWaterford, and all other the Lands, Tenements, and Hereditaments in the faid counties of Wexford and Waterford, as defcended to faid John from his Anceftors, to certain Truftees in faid will named, for the ufe of his . eldeft ion Ca, rtneiius for life only, without Impeach- ment of Wafte, with Remainder over to Truftees to preferve the Contingent Re- mainders, now veiled in the Petitioners. That the faid John, Petitioners father, died without altering or revoking fajd will, leaving four fons then living, namely, Cornelius Grogan, Thomas Grogan Knox, the Petitioners John and Overstreet Grogan. That upon the death of John, the Petitioners laid father, faid Cornelius entered into pofleffiOn of the faid fcveral Eftates by virtue of faid recited will and not otherwife, as mere Tenant for life, and fubjeft to the feveral Remainders in faid recited will mentioned, That neither the faid Cornelius or any of his iaid brothers, have ever done any aft to open or enlarge the faid life Eftate, or in anywife to alter or defeat the faid Remain- ders' in faid recited will mentioned. That the Petitioner John was a Lieutenant in His Majcfty's Fifth and Eighteenth Regiments of Dragoons forfeventeen years, and always' has'been a loyal and faithful iubjedt, never accufed of any aft of difaffeftion whatfpever. That faid Thomas Grogan Knox was alfo a Lieutenant in the Second Regiment of Horfe for fourteen or fifteen years, and alfo a loyal and faithful fubjeft. That in the year 1796 the faid Thomas Grogan Knox was appointed Captain of the Caftletown Yeoman Cavalry, and the Petitioner John was alfo appointed Captain of the Hcathfield Yeoman Cavalry. That on the breaking out of the prefent rebellion the faid Thomas Grogan Knox and Petitioner John immediately took an active and' loyal part in endeavouring to suppress faid rebellion, and faid Thomas Grogan Knox the Petitioner's brother was killed at the head of his faid troop, charging the rebel army in confort with His faid Majefty^ s forces with General Needham, at the battle of Arklow. That the Petitioner John ufed his utmoftr endeavours againft the rebel Army on all occafions, and w, as engaged with his faith troop in confort with his Ma- jefty's forces at the engagement, near Ennifcorthy, 27th May laft, and at divers other places fince, and alfo received a wound in his neck from the rebels, whilft at the head of his f% id troop, covering the retreat of the King's forces under Colonel Maxwell, from Wexford to Duncannon, and the Petitioner Jdhn- xipon all occafions has ufed his utmoft zeal and aftivity in His Majefty's fervice both before and fince the commencement of faid rebellion, as the feveral officers of His MajeftyJs forces with whom he has had the honour to a£ t'can fully teftify. That the faid Petitioner Overjireet was called to the Bar in this Kingdom in the year 1793, has continued a pra& ifing Barrifter ever fince, and hath at all times conducted himfelf as a loyal and faithful fubjed. That by tloe unfortunate end of faid Cornelius, and by the honour- able death of Petitioners brother Thomas Grcgan Knox, the Petitioner John haih now become legally lei fed in Tail Male in the. fcveral Eftates fo limited to the faid Cor- nelius Grogan by the faid recited will of his faid father John, and is now in actual pof- ieffion thereof. That the Petitioner John by a provifo in his late father's will be- came entitled to a confiderable property called the Knox Eftate, on the death of his faid brother Thomas Grogan Knox, as fecond furviving fon, which Eftate by the un- happy fate of the faid Cornelius now devolves upon the Petitioner Overjireet, and in the event of the lofs of Petitioner John's paternal fortune, would deprive the Petitioner John of two confiderable Eftates, and all benefit and limitations which he might other wife derive under his father's will. That by faid recited will it was alfo directed that all the perfonal property of the faid Teftator John fhould be applied by the faid Cornelius in difcharge of divers debts affecting the real Eftates fo entailed as well upon himfelf as other Eftates limited by faid will to John and Overjireet, but laid perfonal property of the faid John was not fo applied by the faid Cornelius, but that feveral of the faid debts amounting to 60,000 and upwards, have been fuffered to remain a charge upon the iaid real Eftates, ftill unfatisfied. That as faid Cornelius only took fuch perfonal property of Petitioner's father as Truftee or Executor under faid recited will, in order to difencumber the real Eftates fo entailed, that the fame, wherever it may now be found fhall be applied to the exprefs purpofes of faid will, - and confiderqd as part of the real property. That the Petitioners are informed that a Bill,
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