The first surviving will of Patrick Byrne is dated 1846 and presumably was written while he was in Farney, along with a codicil added in 1856 while he was staying at St Boswells Green in Roxburgh, Scotland. It is among the Shirley of Ettington papers on deposit in the Warwickshire County Record Office, (Catalogued as CR229/box18/5). Although superseded by his later will written at Ettington in 1859, it is of interest in terms of working out the Harper's extended family.
It also adds some additional information regarding the manner of some of Patrick Byrne's travelling arrangements. One of the signatories George Sudden, is common to both will and codicil, although they were written some physical distance apart geographically. This is almost certain to be the Clerk of works and architect George Sudden who was active in counties Fermanagh and Monaghan and had been employed as clerk of works at Lough Fea with a yearly salary and farm circa 1841–1848.
Sudden had also been involved as clerk of works circa 1850 with rebuilding Crom Castle, Co. Fermanagh for John Creighton, later 3rd Earl of Erne following a fire in 1841. The building work was undertaken by Charles McGibbon, Edinburgh, so Sudden had connections with major Scottish builders and his presence at St Boswell's with Byrne, apart from being a travelling companion for the Blind Harper was also no doubt connected with building work on one of the major Country Houses within that locality. It is certainly possible to place the Clerk of Works within that vicinity as a letter unfortunately undated, from George Sudden at 'Berryhill, Kelso' is also among the Ettington Estate papers at CR464/148/39.
I Patrick Byrne, by profession an Irish Harper, now residing at Lough Fea in my native parish of Magheradoony Barony of Farney. Do herby revoke all former and other wills, codicils and testamentary dispositions by me at any time heretofore made, and do declare this to be my last will and testament. First I will and direct that the farm in the townland of Beagh, the interest of which I have purchased be given to my brother in law Patrick Ward, and his wife Alice my sister who now hold possession of the said farm, and also ten pounds sterling to be paid to my said sister Alice, should she survive me, if not I direct & will that the said ten pounds be divided equally among her children. I also bequeath her two eldest daughters Mary and Bridget Ward, fifteen pounds sterling each and her daughter Ann ten pounds sterling.
To my sister Ann Freeman, I will and bequeath ten pounds sterling, should she not survive me, the said ten pounds to be equally divided among her children, to her daughters Margaret and Mary Freeman I bequeath ten pounds each, and her four sons, being James, Patrick, Brian and Thomas, five pounds sterling each, and in case any of them dying before my decease, the share or shares to be equally divided amongst the surviving brothers and sisters. I also will and direct that the promissory note I hold signed by my brother in law Michael Freeman, may be given to him amounting to seven pounds sterling.
To my Brother James Byrne I will and bequeath the sum of five pounds sterling together with a promissory note which I now hold signed by himself and his father in law John Courtney for the sum of seven pounds sterling.
To my sister Ellen Lamb, I will and bequeath five pounds sterling and in case she should not survive me, the said five pounds to be given to her daughter Ann.
I further will and direct that all my just debts, funeral and testamentary expenses be fully paid and satisfied, out of the property in money I may die possessed of, and should I not be possessd of sufficient money to cover the legacies above mentioned each of the legatees to bear an equal share of the said expenses in proportion to the amounts willed to them;— Or should I die possessed of more property in money than may be found necessary to defray the said expenses, and pay the sums willed, the surplus be equally divided between my two sisters Alice Ward and Ann Freeman, should they survive me, but either or both of them die before me, each of both of their shares as the case may be, to be equally divided among their children.
My Harp I bequeath to my kind friend and patron Evelyn J. Shirley Esq. to Evelyn P. Shirley Esq. I will and bequeath a likeness of myself which hangs in the house keepers room at Eatington Park — To Mr Robert Riddle, I will some books, my property that he has at present in his possession.
To Dr Fleming my kind friend in Bailieborough I will and bequeath a silver medal of William Shakespeare which was given to me by the Shakespeare Club of Stratford Upon Avon in 1829.
My trunk and all wearing apparel, I leave to my brother in law Patrick Ward.
Should I die in this neighbourhood, I wish to be buried at Ashfield commonly called Breaky, if not, to be buried in the nearest Protestant burying ground, my funeral to be conducted in plain manner according to the rights and customs of the Church of England, and I appoint Evelyn P. Shirly Esq. sole executor of this my last will and testament, In witness whereof I hereunto set my hand and seal. This second day of November, in the year of our Lord one thousand eight hundred and forty six.
The will was witnessed by George Sudden & Hugh Wood.
Codicil to my last will and testament signed and sealed by me at Lough Fea in 2nd day of November 1846.
I Patrick Byrne, Irish Harper, do hereby will and direct that the following additions and erasements herin set forth, shall and will be made to my last will and testament and I also will and direct that this instrument, shall and will be the sole and only rule or guide. As well as the only legal or binding authority — for any departure from or alterations made, on my said, last will and testament, signed and sealed by me as above mentioned.
To my sister Alice Ward, I will and bequeath five pounds sterling in addition to the ten pounds sterling bequeathed to her by the first paragraph of my will. Should she not survive me, the fifteen pounds sterling willed to her shall be equally divided among her surviving children at my decease. To Ann Ward, the said daughter of my sister Alice Ward, I will and bequeath five pounds sterling in addition to the ten pounds sterling bequeathed to her in the body of my will. To Alice Ward, fourth daughter of my sister Alice Ward, I will and bequeath fifteen pounds sterling. No provision being made for her in the body of my will. To James Ward, son of my sister Alice Ward, I will and bequeath my watch, seals and other watch appendages.
To my sister Ann Freeman, I will and bequeath five pounds sterling in addition to ten pounds sterling bequeathed to her by the second paragraph of my will. Should she not survive me the fifteen pounds willed to her shall be equally divided among her children that survive me. To Margaret and Mary Freeman, two daughters of my sister Ann Freeman, I will and bequeath to each of them five pounds sterling in addition to the ten pounds sterling bequeathed to them in my will. To Ann Freeman, daughter of my sister Ann Freeman, I will and bequeath fifteen pounds sterling, no mention being made of her in my will. To Michael Freeman, fifth son of my sister Ann freeman I will and bequeath five pounds sterling.
The sum of five pounds sterling bequeathed to James Freeman and the sum of five pounds sterling bequeathed by my will to Brian Freeman, both sons of my sister Ann Freeman, I hereby revoke and cancel, and whatever is ingrossed in the body of my will in favour of the said James and Brian Freeman, shall and will be held to be null and void.
The promissory note for seven pounds sterling, said to be held by me, and directed in my will to be given to my brother in law, Michael Freeman, at my decease, has already been given to him by my own hand hence that clause in my will has become null and void.
The sum of five pounds sterling together with the promissory note for seven pounds sterling, bequeathed in my will to my brother James Byrne I herby revoke and cancel and whatever is recorded in favour of my said brother James Byrne in my last will and testament shall be held to be null and void.
To my sister Ellen Lamb I will and bequeath five pounds sterling in addition to the five pounds sterling mentioned in my will on her behalf. Should she not survive me, the ten pounds willed to her, shall be equally divided between her husband and her children.
Should I survive Evelyn J. Shirley Esq. I will and bequeath my harp to Evelyn P. Shirley, with the special request that it be kept in Farney.
To Dr. Flemming — now residing at Carrickmacross — in addition to the bequest mentioned in my will in his behalf, I now will and bequeath to him, The History of Farney, presented to me by the author Evelyn P. Shirley Esq.
Should I die at or near my native place I should prefer being buried in the new Protestant burying ground beside Carrickmacross, to that of Breaky, mentioned in my will.
This Codicil to my last will and testament, and every part and clause of it I execute at St Boswells Green, Roxburghsire, Scotland, where I am residing at present for a few days and in confirmation thereof I set to my hand and seal in presence of these witnesses whose names are ingrossed below. On this 29th day of July in the year of our Lord, one thousand eight hundred and fifty six.
The codicil is witnessed by George Sudden & J Dickson
Return to the Patrick Byrne Biography on WireStrungharp.com
Submitted by Keith Sanger 24 April 2011
