Case on behalf of Henry Mills Esq

Date: About 1856
Location: Ireland
Surname/tag: Mills

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.

Contents 1 Cover 2 Page 1 3 Page 2 4 Page 3 5 Page 4 6 Page 5 7 Page 6 8 Page 7 9 Page 8 10 Page 9 11 Page 10 12 Page 11 13 Page 12 14 Page 13 15 Page 14 16 Page 15 17 Page 16 18 Response Page 14 19 Response Page 15 20 Response Page 16

Cover

Case on behalf of Henry Mills Esq

for

the perusal and advice of

[Hamilton?] Smythe

___

£2___

___

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 s^d 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 Reg^tMilitia) and he

placed

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 B^t 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 s^d James Mills ___

Arabella Mills one of the sisters [of]

said Lunatic were appointed ___

[committee] of the Person of s^d [Lunatic]

That by an Order

made in the matter of s^d Arthur

Mills a Lunatic hearing date the

8th

Page 3

8th day of [November?] 1838 a Sum of

£490 was allowed for the Maint^ce

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 s^d

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

said

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

absolutely.

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

the

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 s^d 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 M^rs 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

was

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 Reg^t 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 Reg^t on sick leave

and came to Dublin for Medical

advice

Page 7

advice and __t___id in Dublin

up to the time of his death which

took place on the 26th day of Nov^r

last

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

manifested

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 M^rs 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

added

Page 9

added that her daughter could not

think of staying with the said Sam^l

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 M^rs 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

then

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 ___

M^rs [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

every

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 M^r. 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

that

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

deceased

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 Com^tee 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

That

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 M^rs ___

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 Sol^t> from

Acting in such Capacity

He I Counsel will now advise

whether

Page 14

whether it would be felt

proper that s^d Ja^s. Mills

should be removed as Com^tee

of the person and appointed

Com^tee of the Fortune of s^d

Lunatic and whether ___

should be succeeded in office

of Com^tee 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 Rev^d 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 Sol^r ___ ___ ___

to appoint ___

of the Fortune ___

the Court order ___

Box in Bank of

Ireland be handed over

to such C___ when so

appointed

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 Capt^n. 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

would

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

his

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 ___

___ ___ ___

HS

___ ___ ___ ___ ___

___ ___ ___ ___ ___

___ ___ ___ ___ ___

___ ___ ___ ___ Bank

of Ireland ___ ___ ___

___ ___ ___ ___ ___

___ ___ ___ ___ ___

___ ___ ___ ___ ___

___ ___ ___

___

Response Page 15

___ ___ ___ ___ ___

___ ___ ___ ___ ___

HS

___ ___ 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

___ ___ ___ ___ ___

___ ___ ___ ___ ___

___ ___ ___ ___ ___

___ ___ ___ ___ ___

___ ___ ___ ___ ___

___ ___ ___ ___ N^o 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 ___ ___ ___ ___

___ ___ ___ ___ N^o 5

___ ___ ___

HS

___

___ ___ ___ ___ ___

___ ___ ___ ___ ___

___ ___ ___ ___ ___

in the lifetime of the

___ ___ ___ ___ who

___ ___ ___ ___ ___

___ ___ ___ ___ ___

___ ___ ___ ___ ___

time of the ___ ___ ___ ___

___ ___ ___ ___ ___

___ ___ ___ ___ ___

___ ___ ___

in ___ ___ ___