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Case on behalf of Henry Mills Esq

Privacy Level: Open (White)
Date: About 1856
Location: Irelandmap
Surname/tag: Mills
This page has been accessed 120 times.

Transcription of the handwriting in these images, by Philip Broughton-Mills, March 2021.

Anyone is welcome to improve the transcription if you can decipher the handwriting.



Case on behalf of Henry Mills Esq
the perusal and advice of
[Hamilton?] Smythe

Page 1

Case on behalf of
Henry Mills Esq
William Mills formerly of Craddoxtown
the county of Kildare Esq long
since deceased being [tenant?] for life
of the lands of Ballytarsna ___
in the county of Carlow h___g
lease for ___ Renewable for ___
left him surviving several Sons
viz Arthur Mills, Samuel Mills, [ James ]
Mills and the Querist Henry Mills
upon his decease which took place
in the year 1824 Arthur Mills who
was then a minor but shortly after
attained his age of 21 years as first
tentent in toil of said lands entering
into posession of same and subsequently
in the month of April ______anted
a ______ and bearing all
estates t__l and ______ [owed?]
in said lands
The said Arthur Mills
took upon himself the education
and maintenance of his sd Brother
they being minors and totally
unprovided for and accordingly he
he purchased a Commission in
the Army for the said Samuel
Mills (late a Captain in the Carlow
Rifle RegtMilitia) and he

Page 2

placed his other Brothers the said
James Mills and Querist at school.
About the year 1830 the
said Arthur Mills indicated symptoms
of unsound mind & under the
influence of which he early [in the]
year 1832 made an attempt upon
the life of his uncle the late Sir Charles
Dillon Bt deceased, whereupon he
was removed to the asylum of
Doctor Duncan at Finglas where
he now is and has ever since
continued [Residence?] save for a
short period as after mentioned and
said Arthur Mills was by inquisition
duly found to be a Lunatic from
the 10th day of February 1832
That by order bearing
date the ___ day of ___ 183 the
said Samuel Mills was appointed
Committee of the fortune of said
Lunatic sd James Mills ___
Arabella Mills one of the sisters [of]
said Lunatic were appointed ___
[committee] of the Person of sd [Lunatic]
That by an Order
made in the matter of sd Arthur
Mills a Lunatic hearing date the

Page 3

8th day of [November?] 1838 a Sum of
£490 was allowed for the Maintce
of said Lunatic to be applied as
follows to James Mills & Arthur
Mills the Sum of £250 per annum
to be applied by them in the personal
maintenance of said Lunatic, to sd
Arabella Mills the Sum of £40 per
annum to James Mills and ___
£50 each per annum and to the
said Samuel Mills £100 per annum
he being the Heir Presumptive of
said Lunatic, said Samuel allown
are still payable ___ of the Lunatics
estate by virtue of said ___
The said Lunatic ___
about the year 1826 as is [believed?]
[early?] made and published his last
will and Testament in writing ___
which will is now lodged in
the office of the Master in this
matter whereby it is apprehended
he ___ said lands of B___
to his Brother the said Samuel ___
and his heirs but subject to certain
[processing?] [legacies?] to certain of his
Brothers and Sisters.
In the year 1843 the

Page 4

said Samuel Mills intermarried
with a Miss Elizabeth Fitzgerald in
which [accordance?] several Sums of
money was paid in settlement for
the ___fit of the marriage ______
in the whole to the Sum of £___
in ______ ___ ___ ___ ___
___ ___ ___ ___ ______
Fitzgerald the Brother of said Elizabeth
Fitzgerald and who is now a [practising?]
Barrister in Ireland and the Querist
Henry Mills as Trustees for the ___ p___
of said Settlement being in ___
for the use of said Samuel and
Elizabeth for life with ______
to the issue had in Default of
___ the __ to the ______ of
them the said Samuel & Elizabeth
That in the ___
of ___ 18__ the said ___
Fitzgerald and ___ by the ___
of said Samuel and Elizabeth ___
and a portion of said ___ ___
in a purchase ___ ___ ___
Estates Court of the lands of [Kewgrove?]
situated in the County of Kilkenny
being a Sum of £200 portion of

Page 5

the fortune of the said Elizabeth and
which had been licenced by Mortgage
on said lands of [Kewgrove?]
It is here to ___
that the said Samuel Mills ___
Protestant in Religion as are all
the Mills family his Brothers and
Sisters but his wife the sd Elizabeth
is a Roman Catholic
There was upon
said Marriage one Son (Arthur)
and one daughter, the Daughter
died when an Infant but the Son
(Arthur) now aged about 11 years
is still living
On the Marriage of the
said Samuel and Elizabeth they
went to reside with Mrs Fitzgerald
the Mother of said Elizabeth who
professed a greater regard for ___
than for any other of her Children
and of whom she have several then
and now living the result of ___
being so domiciled together and
professing different Religions and
the frequent intercourse of the other
number of the Fitzgerald family
who are all Roman Catholics

Page 6

was a difference of opinion and
unhappiness of resulting at length in
distrust and want of faith between
the said Samuel and Elizabeth and
the FitzGerald family qu___ally & which
had the effect for several years ___
of causing the said Samuel to absent
himself very much from him wife
and her Relatives and he for
considerable time past resided
in a House in the newly purchased
lands where he employed himself
in farming and otherwise in
improving the property
It is to be observed
that his Son always continued to
reside with his Mother and her
family the Fitzgeralds
About the month
of March 1855 said Samuel Mills
attained a commission as Captain
in the Carlaw Regt of Militia ___
a Rifle Corps but having in the
month of May following got ___
fit Epilepsy he was in [the]
month of June following obliged
to leave the Regt on sick leave
and came to Dublin for Medical

Page 7

advice and __t___id in Dublin
up to the time of his death which
took place on the 26th day of Novr
The Querist ___
Brother of said Samuel Mills
who is a Solicitor and residing
in Dublin was in the habit of
visiting the said Samuel almost
every day and to whom the said
Samuel used often to speak in
terms of strong affection of his
wife and child and on several
occasions told the Querist that it
was his wish his son the said
Arthur should be brought up in
the Protestant religion and that
such had always been so agreed
upon said arrangement between
him and the said Elizabeth
During the time of
the illness of the said Samuel in
Dublin the said Elizabeth [used]
to visit him occasionally from
Waterford where she generally
resided with her Mother and one
of her Brothers and also her son
the said Arthur but always

Page 8

manifested in such [habits] a
Coldness and indifference which
showed a total absence of strong
feeling of affection
Mrs Fitzgerald from
illhealth being advised to [take?]
the air Mrs Mills informed Querist
she intended to accompany her
to the South of England for the
winter and accordingly early in
the month of November they made
an attempt to cross to England
from Waterford but were obliged
from [stress?] of weather to return to
Waterford and it was then [arranged?]
that they were to come to Dublin
and proceed via Holyhead and
accordingly they did come to Dublin
and brought the boy Arthur with
them and stopped at a Hotel
in Lower Dacunch Street ___
then stay, the Querist called
upon them there when Mrs Fitzgerald
informed him that said Elizabeth
had gone to see her husband [the]
said Samuel and in Conversation
expressed much dissatisfaction
with the said Samuel and

Page 9

added that her daughter could not
think of staying with the said Saml
and that in first the family of the
Elizabeth would not allow ___
___ ___ Querist was ___ ___
Arthur the Minor whom ___ ___
with these was just to Sp___
day with the children of a ___
Henry Fitzgerald who is a ___
and residing at Sutton near
Howth so that Querist did not ___
him and Querist is of a opinion
he was so but there in ___ that
Querist or any of his might not
see him nor was said Arthur
taken to see his father whose
health was there in a most
precarious condition
The Querist often ___
interview with Mrs Fitzgerald ___
to his brother the said Samuel Mills
to Hardwick that when he was
residing in a Public Board ___
house and where he saw the said
Elizabeth with the said Samuel last
she displayed the same cold
indifference of manner and did
not inform him that there was

Page 10

then on his way to the Continent
on the following morning they sailed
from Kingstown and Querist at
that time was not informed where
they were going to but on a ___
occasion the said Elizabeth told
him they were going to the South
of England but they went to Paris
as Querist afterwards learned and
where they are at present
The said Arthur Mills
the minor was Baptised ^as a Protestent
in Saint Georges Church in Dublin
a certificate of which Baptism
can be obtained and Querist and
his Brother James Mills stood as
Godfathers for him
Since the death of the
said Samuel querist received [a]
letter from one of his sisters ___
Mrs [Dwyer?] in which the message
that said Samuel had told
her had made a __il_ ___
the Continent ______ ___
___ be brought up in [the]
Protestant Religion
Querist and his
Brother James Mills have made

Page 11

every search in their power for a
will but have not been able to
discover any there are it is believed
many boxes belonging ___
Samuel in Waterford at ___
of Mr. William Fitzgerald ___
with whom said Elizabeth ___
resided to which Querist would
not be c______s be allowed [to]
have access in the absence of the
Widow of said Samuel and it ___
not the intention of said Elizabeth
to return to this County at least for
the present as Querist is informed
by Mr Horace Fitzgerald who is a
practising Barrister in Dublin and
a Brother of said Elizabeth there
is an arrear of Pay due up to the
day of the death of Capt Mills
amounting to about £27 and it [is]
apprehended that the said Elizabeth
can not obtain payment of this land
unless she obtains Letters of ad___
to her late husband which it is
supposed she can not do unless she
returns to this Country
Querist has learned
in enquiry at the Bank of Ireland

Page 12

that the said Samuel in the Month
of November 1844 deposited a Box
there for safe keeping but it is
apprehended such Box contains
only the Title deeds to said Balleyta___
Estates. Querist conceives it w___
___ ___ ___rable that said Box
should not get into the hands or
custody of the said Elizabeth to
whose receipt some would ___
______d up as ___ and
personal representative of the
Col. advice is now
requested as to who would be a
fit person to be appointed ___
of the Fortune of said Lunatic in
the _oom of the said Samuel
It is to be observed
that since the appointment of the
Arabella Mills jointly with the ___
James Mills as Comtee of ___
of said Lunatic the said ___
Mills has become of ___
and is at present ___
for several years past res___
at Bell View House under the care
of Doctor Gregory

Page 13

That by an order made
in the matter of Arthur Mills a Lunatic
on the Petition of the said James Mills
as acting Cammittee of the ___
of said Lunatic (the ___
for its object an extention ___
degree of liberty for the Lunatic ___
under which order the said Lunatic
removed from Farnham House
and went to Reside in the County [of]
Wicklow under the care of a Mrs ___
but to which place he has again ___
his own discretion returned and is now
residing at Farnham House as before
the maintenance of said Lunatic was
ordered to be paid to the said James
Mills and his receipt for same to be
a sufficient surcharge to the R__t in
the matter it having been the pra___
_p__s the receipt of Doctor Duncan ___
the R__ accounts
It is also to be observed
that Henry Mills the Querist is a Solicitor
that once said lands he having been so
appointed previous to any [order?] of Court being
made disqualifying a practising Solt> from
Acting in such Capacity
He I Counsel will now advise

Page 14

whether it would be felt
proper that sd Jas. Mills
should be removed as Comtee
of the person and appointed
Comtee of the Fortune of sd
Lunatic and whether ___
should be succeeded in office
of Comtee of person by Querist
or would be it better that
James Mills and Henry Mills
the Querist should continue
as they are and apply to
appoint some p___ in
whom they confidence
to the Guardianship of the
fortune - The Revd Arthur
Preston who is a personal
friend and Co___tion [to]
the Mills family would
in all probability ___
to act were he so req___
If a Solr ___ ___ ___
to appoint ___
of the Fortune ___
the Court order ___
Box in Bank of
Ireland be handed over
to such C___ when so

Page 15

appointed on aff_t of belief
that same contained the
Title deeds of the Estate
at all ___ts the ___
Box sho___ ___
and exclu___
of such ___
Elizabeth Mills doe___
at present contemplate
returning to this Land
it is apprehended no ___
can apply for such ___
and that there will be
sufficient time to ___
the necessary application
to the Court of Chancery
It being the desire of the
late Captn. Mills that his
Son should be brought
up in the Protestant
Religion how is such to
be carried out would
not Querist who ___
Trustee under the Settlement
in [whether?] to make his
C___ q___t a Ward
of Court and incidental
to such a proceeding

Page 16

would not the question of
guardianship and Religion
Is Counsel of opinion that
Arthur Mills the minor ___
could be removed from
the guardianship of his
Mother as it is much
to be apprehended that
if he remains under [her]
care he will be brought
up a Roman Catholic
What proceeding will be
necessary for the purpose
In Case Arthur Mills ___
Lunatic by his will
devised his estates to
Samuel Mills and ___
heirs would Samuel
Mills be entitled ___
disp___ of same
in the ___ ___
Lunatic ___
such a ___
Samuel ___ ___
after the death of ___
Lunatic Assuming that
the Lunatic dies under

Response Page 14

___ ___ ___ ___ ___ James
Mills ___ ___ ___ ___
the ___ ___ ___ the
Death of Capt Samuel Mills
the ___ of the estate and
___ the appointment of a new
___ of the estate ___
___ ___ ___ ___
___ to his being in the ___
Arthur of the estate ___ ___ ___
___ ___ ___ ___ ___ ___
Arthur Preston as a ___
from office the ___ office
___ of the ___ ___
___ ___ ___ ___ ___ will
appoint him ___ ___
___ ___ ___ ___
___ ___ ___ ___ with
a written ___ of ___
___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ Bank
of Ireland ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___

Response Page 15

___ ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ officially ___
___ ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ of
an infant in that ___
___ ___ ___ ___ ___
or the boy is not within the
jurisdiction of the court
and ___ ___ ___ ___
___ ___ ___ Arthur it
even if in this County
___ ___ ___ of Court items
___ ___ ___ ___ ___ the boy educated a
Protestant. If on examination by the law chamber

Response Page 16

___ ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ No 4
___ ___ father might
by will have appointed ___
______ ______ who
could ___ ___ the boy and
___ ___ ___ fit ___ ___
___ and in the ___ of
any ___ ___ ___ ___
his mother is his natural
guardian and guardian
in ___ ___ ___ ___
___ ___ ___ ___ No 5
___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ ___
in the lifetime of the
___ ___ ___ ___ who
___ ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ ___
time of the ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___ ___ ___
___ ___ ___
in ___ ___ ___

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