Rebecca Jane (Irwin) Stewart (abt. 1809 - 1882)

Born about 1809 in Derryork, Dungiven Parish, County Londonderry, Ireland [uncertain]

Died 21 Jul 1882 at about age 73 in Liscal, Errigal, County Londonderry, Ireland

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Biography

This profile is part of the Irwin Name Study.

Rebecca Jane Irwin was born about 1809 in Derryork, County Londonderry, Ireland, the oldest child of Isaac Irwin (~1767–1847) and Martha Unknown (~1785–1863).

She was married to Josiah Stewart (born about 1803). They had four children together:

• Joseph Gibson Stewart (1835–1919)
• Isaac Stewart (1836–1919)
• Oliver Stewart (1846–1924)
• Mary Jane Stewart (? Find documentation)

No documents have been located that specifically mention her maiden surname, Irwin, but the following documents establish her relationship.

An Old Age Pensions form filed by their son Joseph in February 1909 named Josiah and Rebecca J Stewart as his parents and claimed they lived in Derryork, Dungiven Parish during the 1841/1851 census years. The revenue officer stated “no fam[ily]” in the “Age As stated in Census Return” column. An 1848 tenant list shows Josias Stewart residing in Drumaduff, where Rebecca’s brother Isaac later lived and their mother, Martha, later died.^[1]

When the younger Isaac Irwin wrote his last will in 1890, it stated that he “revoke[d] all testamentary dispositions heretofore made by me” and left his farm and personal belongings in trust to his “illegitimate children,” Lucinda Jane Irwin and Edward A Irwin.^[2] Isaac had previously made several wills, which were superseded by this final version, which was unsuccessfully “disputed by the testator's nephew, Joseph Stewart, on the ground of want of capacity.” The judge found “no evidence of want of capacity, and admitted the will to probate.”^[3][4]

Rebecca died on July 21, 1882 in Liscal, Errigal, County Londonderry, aged 72.

Research Notes

Isaac Irwin Will^[3]

[Marginal note:] Irwin

I Isaac Irwin of Drumaduff in the Parish of Boveva and County of Londonderry farmer hereby revoke all testamentary dispositions heretofore made by me, and declare this to be my last will which I make this Eighth day of September 1890 I appoint Robert Stewart and John Oliver Irwin both of Derryork and William Christie of Dungiven to be the Executors and Trustees of this my Will and they and their Heirs Executors and administrators are hereinafter called my Trustees. I bequeath to my nephew Robert Irwin at present residing in Montreal Canada the sum of Fifteen Pounds and to Isaac Irwin Stewart son of my nephew Oliver Stewart of Liscall the sum of Twenty Pounds. I leave to my Trustees my Farm in Drumaduff on which I reside with all the stock crop and Farming Implements thereon at my death, and all my furniture and articles of Household use, consumable stores and effects of every kind in or about my house and on my Farm at the time of my death, except money or securities for money. In trust to permit my daughter Lucinda Jane Irwin and my son Edward A Irwin both now residing with me, to use occupy and enjoy the same so long as they may agree to live together, which it is my wish they should do, but in case they disagree and that either of them shall express a wish to separate, I empower my Executors to decide which of them is to retain possession of the Farms, and House, and of the Chattels which may be thereon at the time of my Separation, the one authorized by my Executors to remain on the Farm to pay to the one leaving a sum of money to be fixed by my Executors whose decision is to be binding on both my children, in lieu of the share of the Trust Property to which the one so leaving would otherwise [p. 361] in case they did not separate be entitled. In case my son shall die before attaining the age of 21 Years the whole of the said Trust Property and chattels to be held for & in trust for my daughter absolutely. — I devise and bequeath all the real and personal Estate to which at my death I shall be beneficially entitled or of which I shall have power to dispose beneficially by will for any purpose I may think proper, and not hereby otherwise disposed of unto my Trustees upon Trust for my said son and daughter share and share alike, but in case my son shall die under the age of 21 years upon Trust for my daughter absolutely, subject to such deductions as may be made ^^therefrom in respect of payments made^^ by them in pursuance of the Trusts herein contained. I authorize my executors to apply the Interest of any money in their hands to which my son may become entitled absolutely on attaining the age of 21 Years for his support and maintenance during his minority and to apply the principal in payment of the money coming to his Sister in case of a Separation before he becomes of age and that they decide on him as the person to succede to my Farm. In Witness whereof I have hereunto set my hand the day and the year first above Written ___ ___ Isaac Irwin <seal> ___ Signed sealed and delivered by the above named Testator as his last Will in the presence of us both present at the same time who in his presence and in the presence of each other have hereunto set our hands as Witnesses. The Word “enjoy” on the third line of the second page being partially written on erasure — David Dunn — Bernard Donaghy — In the High Court of Justice. Probate and Matrimonial Division Ireland. The Principal Registry Dublin Be it Known that on the 2nd day of December 1891 — the Last Will and Testament hereunto anneseed of Isaac Irwin late of Drumaduff in the County of Londonderry Farmer deceased, who died on or about the 17th day of November 1890, at some place was proved [p. 362] And registered in the Principal Registry of Said Division and that the Administration of all and Singular the personal estate and effects of the said deceased was granted by the aforesaid court of Robert Stewart and John Oliver Irwin both of Derryork in the County of Londonderry Farmers two of the Executors named in the said will they having been first sworn well and faithfully to or administer the same by ___ the just debts of the deceased and the legacies contained in said will so far as they are thereunto bound by law, and to exhibit a true and perfect inventory of all and singular the said estate and effects and to reorder a just and true account thereof whenever required by law so to do, and that power was reserved of making a like grant to William Christie the other Executor named in Said Will. This will was proved in Solemn form of law on the 19th day of November 1891 — Robert Stewart & John O. Irwin, Plaintiffs —} Jacob T Geoghegan Joseph Stewart. Def[endan]t } Asst Registrar —

I Certify that the Affidavit for the Commissioners of — Inland Revenue has been delivered duly __ and that the amount of the gross valuation of the Estate and effects as shown by the Account is £596 11 — Jacob T Geoghegan, Asst Registrar

[Marginal note:] Extracted by B.H. Lane, Solicitor

"Stewart v Stewart," 20 Nov 1891, Belfast News-letter^[4]

"Probate and Matrimonial Division, November 19. Before Judge Warren without a Jury. Stewart v. Stewart," Belfast News-Letter, 21 Nov 1891, p. 6, “PROBATE AND MATRIMONIAL DIVISION, NOVEMBER 19. Before Judge WARREN without a Jury. STEWART V. STEWART.

This was a suit to establish the will of Isaac Irwin, farmer, Limavady, Co. Londonderry, who died last November, unmarried, leaving assets estimated at about £600. The testator had, it appeared made several wills. By the last will he left most of his assets to his two illegitimate children. The will was disputed by the testator's nephew, Joseph Stewart, on the ground of want of capacity. The will had been drawn by Mr. King, solicitor, who gave evidence as to its preparation and as to the testator's capacity. Dr. Watson also gave evidence to show that the deceased had full possession of his faculties. Judge Warren held that there was was no evidence of want of capacity, and admitted the will to probate. Counsel for plaintiff—Messrs. M'Laughlin, Q.C., and Alexander Lane (instructed by plaintiff). The defendant was not professionally represented.

DNA

Sources

1. ↑ 1848 Tenant List
2. ↑ 1890 Will
3. ↑ ^{3.0 3.1} 1890 Will
4. ↑ ^{4.0 4.1} Belfast News-Letter, 20 November 1891, p. 6, "Probate and Matrimonial Division, November 19. Before Judge Warren without a Jury. Stewart v. Stewart," FindMyPast Image (requires subscription, accessed 20 April 2023).

See also:

• https://www.ancestry.com/family-tree/person/tree/111260270/person/400085214088/facts