Will of Eliza Anne Plunkett, 1886, Morrow Co., Oregon
Surnames: Plunkett, Partington, Kane, Plazoola, Jover, Boydell, Armstrong

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Morrow County, OR; Volume A, page 3

Extracted from the Principal Registry of the Probate Divorce and Admiralty
Division of the High Court of Justice

I, Eliza Anne Plunkett of Frescati Blackrock in the County of Dublin
(Ireland), widow do hereby revoke all wills and testamentary dispositions
heretofore made by me and declare this to be my last Will and Testament I
appoint my brother Charles James Partington of 3 South Square, Grays Inn,
London, James Boydell of Portland Street, West Dublin and my son Loftus Henry
Plunkett of Frescati aforesaid (hereinafter called my trustees) to be the
executors and trustees of this my Will.

Whereas under and by virtue of an Indenture dated the nineteenth day of April
one thousand eight hundred and fifty three and made betweenmyself (by my then
name of Eliza Anne Partington) of the first part, my late husband John
Plunkett of the second part and Charles James Partington and George Hurst
since deceased of the third part (being the settlement executed previously to
and in contemplation of my marriage with the said John Plunkett, and in the
events which have since happened a certain undivided share of or in certain
copy hold hereditaments held of the manor of Cheshunt in the same County a sum
of money now represented by the sum of two thousand pounds or thereabouts now
in the hands of the said Charles James Partington as the surviving trustee of
the said settlement and the Policy of Apurance on my life effected with the
Scottish Provident Life Assurance Society for one thousand pounds were vested
in the trustees of the said settlement.

Upon Trust after my decease for all and every or such one or more exclusively
of the other or others of the children or child of my said marriage for such
estate or interest estates or interests at such age, day or time or respective
ages day or times and if more than one in such shares and proportions and in
such manner as I should by will or codicil appoint. And whereas I have already
partly excercised the said power of appointment in respect of portion of the
funds subject to the trusts of the said settlement and I am now desirous of
further exercising the said power of appointment in respect of the trust
premise still remaining subject to the trusts of the said settlement and also
fo disposing of all my estate, rent and personal of whatsoever kind or
wheresoever situate in manner hereinafter appearing, now I hereby declare and
in erercise of the power in this behalf given to me by my said settlement and
of every or any other power in this behalf enabling me appoint that the said
shares of and in the said freehold and copyhold hereditaments which are now
subject to the trusts of my said settlement and all other estate or interest I
may have therein respectively shall be held in trust for my son Charles
Frederick Plunkett his heirs and assigns Provided always that if my said son
shall die without leaving issue living at his decease then and in such case I
appoint that the said freehold and copyhold hereditaments shall be held in
trust for my said son Loftus Henry Plunkett his heirs and assigns and in
further exercise of the said power of appointment and of all other powers in
anywise enabling me in this behalf I appoint that the said sum of two thousand
pounds or thereabotus now in the hands of the said Charles James Partington as
aforesaid and the said Policy of Assurance effected on my life with the said
Scottish Provident Life Assurance Society and all moneys to become payable
thereunder by way of bonus or otherwise and the investments representing the
same funds respectively shall be held in trust to pay the income thereof
respectively to my daughter Maud Legh Kane during her life and from and after
her decease in trust for each of my sons as shall be then living and if more
than one in equal shares and if none of my said sons shall be then living.

In trust for my said daughter absolutely I bequeath the following legacies...
to my brother Charles James Partington, Esquire my large diamond ring, to my
brothe rColonel William Partington the sum of five hundred pounds and I also
forgive and release him from all sums of money he may owe me up to the time of
my death, to my niece Paquita Plazoola, daughter of my brother William the sum
of two hundred pounds, to my niece Charlotte Jover, daughter of my brother
William two hundred pounds, to my executor and partner in business James
Boydell the sum of two hundred pounds. I also leave to my friend Miss Eliza
Armstrong (spinster) of 20 Hamilton Gardnes, Saint Johns Wood, London the sum
of one hundred pounds and I give to each of my said executors and trustees who
shall prove and act in the trusts of this my will the sum of one hundred
pounds for his trouble in acting as such executor and trustee in addition to
any other benefit he may take under this my will. I devise and bequeath all my
real and personal estate not hereby otherwise disposed of unto the said
Charles James Partington, James Boydell and Loftus Henry Plunkett their heirs,
executors, admistrators and assigns respectively upon the trusts following
that is to say as to all my real and personal estate which may be situate in
the United States of America or Canada including moneys invested on mortgages
or other securites

Upon trust to pay the income thereof to my son Randall Plunkett until he shall
die or become bankrupt orinsolvent or shall assign charge or incumber the said
income ro so or suffer something whereby the same or some part thereof would
through his act or default or by default or by operation or process of law or
otherwise if belonging absolutely to him became payable to opr vested in some
other person or persons and after the failure or determination of the said
trust hereinbefore declared then in trust thenceforth during the life of the
said Randall Plunkett to pay and apply the said income or so much thereof as
the trustees or trustee for the time being of this my will shall in their or
his discretion think fit to or for the benefit of the said Randal Plunkett and
his wife and issue or any one or more of them in such shares and manner in all
respects as the said trustees or trustee shall in their or his uncontrolled
discretion think fit and from and after the decease of the said Randall
Plunkett.

Upon trust for the children of the said Randall Plunkett who being a son shall
attain the age of twenty one years or being a daughter or daughtes ahll attain
that age or marry under that age in equal shares and if there shall be but one
such child then the whole to be in trust for such one child and in case there
shall be no children of the said Randal Plunkett in whom the said trust
premises shall become absolutely vested under the foregoing trusts then and in
such case the said trust premises shall sink into and form part of my
residuary estate. As to all policies of Assurance on my life other than the
said policy subject to the trusts of my said settlement as aforesaid.

Upon trust to receive all moneys payable thereunder and invest the same in
their name in or upon some or one of the stocks funds or securities
hereinafter authorized as investments with power to vary the said investments
at their discretion and shall stand possessed of the siad moneys stocks funds
and securities hereinafter called "my daughters trust funds".

In trust to pay for all or such one or more exclusively of the othe ror others
of the children and remster issue of my said daughter at such ages or times
age or time (not being earlier as to any object of this power than his or her
age of twenty one years or day of marriage) in such shares if more than one
and in such manner as my said daughter shall by deed (with or without power of
revocation and new appointment) or will appoint. And in default of such
appointment and so far as no such appointments shall extend.

In trust for all the children of my said daughter who being a son or sons
shall attain the age of twentyone years, or being a daughter or duaghters
shall attain that age or shall marry in equal shares and if there shall be
only one such child then whole to be in trust for that one child but so
nevertheless that no child who or any of whose issue shall take any part of
the said trust funds under any such appointment as aforesaid shall be entitled
to any share of the unappointed part of the said trust funds without bring the
share or shares appointed to him or her or his or her issue into hotchpot and
accounting for the same accordingly unless my said daughter shall all
otherwise direct.

And in case there shall be no issue of my said daughter in whom my daughter's
trust funds shall become absolutely vested under the foregoing trusts and
powers then and in such case the trustees or trustee for the tim ebeing of
this my Will shall hold my daughter's trust funds.

In trust for such of my sons as shall be living at the death of my said
daughter and such child or children if any of my said sons who may die before
my said daughter in equal shares except that the children if any of my said
sons who may die before my said daughter shall take between them the share
only which their parent would have taken if he had survived my said daughters
and in case there shall be no person in whom my daughter's trust funds shall
become absolutely vested under the trusts hereinbefore contained then and in
such case my daughter's trust funds shall sink into and form part of my
residuary estate as to that portion of my leaehold property known as Frescati
Blackrock at present in the occupatio of Mr. James Wilson.

Upon trust to collect the rents and profits thereof and after payment of all
proper outgoings for head rent, taxes, repairs and other expenses. To hold the
said premises upon the same trusts as are hereinbefore declared of and
concerning my daughter's trust funds as to the sum of two hundred pounds per
annum to which I am entitled under deed of partnership with the said James
Boydel as a fixed rent for the busines spremises and malthouses sixtyone James
Street Dublin and rere thereof.

In trust to hold the same upon the same trusts as are hereinbefore declared of
and cocerning my daughter's trust funds as to my house and premises forty six
St. Georges Square, London which I hold under lease with a clause of surrender
at the end of every seven years.

Upon trust to pay the rent rates and taxes thereof out of my cash or
accumulated profits of my business hereinafter mentioned and allow my said
daughter to have the entire use of the said house for a residence until the
expiration of the first term of seven years from the date of the said lease at
the end of which term my said trustees are to ttake the necessary steps to
determine said lease and give up said premises to the landlord. As to all the
household furniture pictures and linen plate and plated ware in and about the
said house firty six St. George Square, in trust to permit my said daughter to
have the use thereof until the determination of the said lease and aforesaid
she taking every reasonable care of the same and neither she or her husband or
any one claiming under them or either of them to have any power to remove the
same or any part thereof and upon the determination of the said lease, in
trust as to the said household furniture, pictures and linen for my said son
Loftu sHenry absolutely but as to the said plate and plated ware in trust for
my said daughter and my sons Loftus Henry, Randal and Charles Frederick or
such of them as shall be living at the determination of the said lease in
equal shares.

As to all my interest or share in the business of Maltsters Roasters or Corn
Merchants which I carry on in partnership with the said James Boydell upon
trust to permit the said business to be worked and carried on as during my
lifetime and in accordance with the terms provisoes [sic] and conditions of
the Deed of Partnership thereof with the said James Boydel and out of the
profits of the said business to pay to my said son Randal the sum of five
hundred pounds per annum during his life and to my said son Charle sFrederick
a sum of four hundred pounds per annum during his life whenever the yearly
balance sheet shows my share of the profits for one year to be two thousand
five hundred pounds. But in case my share of the profits in any year shall not
be two thousand five hundred pounds then the said sums of five hundred and
four hundred pounds respectively are to be reduced in the same proportion as
my share of the profits is reduced. But in no case even though my share of the
profits exceed two thousand five hundred pounds for any one year are my sons
Randal and Charle sto receive more than five hundred pounds and four hundred
pounds per annum respectively. Neither of my said sons Randal or Charles are
to have any power or authority to interfere in the management of said business
or question the accounts of said business but must accept as correct the
amounts when tendered to them by said trustees without appeal but the said
trustees may if they so desire have such accounts audited by proper
accountants once in each year the accountants to be agreed upon by the said
trustees and the managing partner of said business for the time being subject
to said sums so payable as aforesaid out of my said business to my sons
Randall and Charles my trustees are to pay the sum of five hundred pounds per
annum to my son Loftus until he shall attain the age of twenty six years after
which but subject to the sums so payable to my sons Randal and Charles he is
to receive the entire of my share and interest in the business and the profits
with all accumulations thereof for hsi own use and benefit absolutely.
Provided nevertheless that if my said son Randal shallassign charge or
otherwise dispose of the said annuity of five hundred pounds or any part
thereof or shall become bankrupt or insolvent or do or suffer any other thing
whereby the said income if payable to him absolutely or any part thereof would
become invested in any other person then and in such case the trust
hereinbefore declared in respect of the said annuity in favor of my said son
Randall shall cease and the said trustees or trustee shall thenceforth during
the life of my said son Randal pay and apply the whole or such part of the
said annuity of five hundred pounds as they or he shall think fit to do for
the benefit of my said son Randal and his wife and children or anyone or more
of them in such shares and manner in all respects as the said trustees or
trustee shall in their or his uncontrolled discretion think fit any surplus of
the said annuity after such payments as aforesaid to sink into and form part
of my residuary estate as shall my interest in the houses, tenements and
hereditaments situate in Portland Street, West Grand Canal Place, 61 James
Street (subject to the said rent of two hundred pounds), 54 James Street, 3
and 4 Pin Street and Basin Lane, all in the city of Dublin.

Upon trust to pay thereout to my said daughter the annual sum of one hundred
pounds during her life to commence from the day of my decease and subject
thereto upon trust for my said son Loftus Henry on his attaining the age of
twenty six years and I hereby authorize and empower my trustees with the
consent of my said son Loftus Henry to permit any accumulation of profits
which may be due to me by the said business at the time of my decease of which
may thereafter accrue due to my estate after providing for the payments
thereout hereinbefore directed until my said son Loftu sHenry shall attain the
age of twenty six years to remain in the said business and to be applied in
improving the said business and business premises by building or otherwise as
they may think fit such accumulations whether so invested or otherwise to go
and belong to my said son Loftus Henry on his attianing the said age of twenty
six yeas. Provided always and I hereby declare that in case my said son Loftus
Henry shall die leaving issue then in trust for such issue in equal shares
upon their attaining the age of twenty one years or being a daughter that age
or marriage and if said son Loftus die without leaving issue before attaining
the age of twenty six years then and in such case the said business and
houses, tenements and hereditaments in Portland Street, West Grand Canal
Place, 61 James Street, 54 James Street, 3 and 4 Pin Street and Basin Lane
aforesaid subject to all charges hereinbefore directed to be paid thereout
shall be held in trust for my said sons Charles Frederick and randal and my
said daughter or such of them as shall be living at the death of my said son
Loftus Henry and their survivors and survivor of them and I here by further
declare that none of my children who shall take any interest in the said
business and business premises in the event of my said son Loftus Henry dying
under twenty six years of age as aforesaid shall be liberty to sell such
interest except to the others or other of them.

As to that portion of my leasehold property of Frescati Blackrock aforesaid
held under lease from the Reverend J. H. Kennedy and Miss May Kennedya nd now
in my occupation and in the occupation of the Honorable Martin French together
with all the furniture, pictures, linen, stores and effects (except my plate
and plated ware) in and about my said residence of Frescati.

Upon trust for my said son Loftus Henry absolutely and as to all the plate and
plated ware which I shall die possessed of (except the plate and palted ware
at 46 St. Georges Square which I have hereinbefore disposed of) upon trust for
my said daughter and mys aid sons Charles Frederick Randal and Loftus Henry in
equal shares and I direct that if my said sons and daughters who may become
entitled to any share in household furniture, pictures, linens, plate, plated
ware and such likeunder the provisions of this my Will shall not be able to
agree among themselves as to the division thereof then the trustees or trustee
for the time being of this my will shall make the said division at their or
his uncontrolled discretion as they or he shall think right and as to all the
residue of my real and personal estate not hereinbefore otherwise disposed of.

Upon trust for my sons Charles Frederick, Randal and Loftus Henry absolutely
in equal shares and I hereby declare that any estate share or interest which
my said daughter shall take under this my Will whether in exercise of the said
power of appointment as aforesaid or otherwise shall be for her sole and
separate use and she shall not have power to dispose of the income thereof or
of any part thereof in the way of anticipation.

And I heeby also declare that all moneys liable to be invested under this my
Will may be invested in or upon any of the public stocks or funds or
government securities of the United Kingdom or India or any other Colony or
dependency of the United Kingdom or upon the debenture stock or bonds of any
Railway Company within the United Kingdom or upon freehold, copyhold,
leasehold or chattel, real securities in England or Wales, such leasehold
securities having at least sixty years to run at the time of the investment
thereon and as to such leasehold either with or without the production of the
lessors title with power for the said trustees or trustee with the cnsent of
my said daughter during her life and after her decease at their his or her
discretion to vary and transpose such stock funds and securities into or for
others of any nature hereby authorised.

In witness whereof I the said Eliza Anne Plunkett have hereunto set my hand
this twenty second day of July one thousand eight hundred and eighty five.

Eliza A. Plunkett.

Signed by the said testatrix as and for her last Will and Testament in the
presence of us present at the same time who at her request in her presence and
in the presence of each other have subscribed our names as witnesses the words
"Widows Fund" being struck out and "Provident" interlined on first and second
pages and the words "54 James Street 3" being written on an erasure on page 9
and the interlineations on pages three and nine having been first made.

Martin Jos. French, J. P. Frascati Blackrock
Thomas Michael Mc Evoy, 15 Carysfort Ave, Blackrock, Co. Dublin

On the 3rd February 1886 Probate of this Will was granted to Charles James
Partington, James Boydell and Loftus Henry Plunkett the executors.

I certify that this copy has been examined with the original Will deposited in
this Registry and that it is a true copy thereof.
Charles J. Middleton, Registrar.

(Seal, Probate Div, High Court of Justice, Principal Registry)

Consulate General of the United States of America for Great Britain & Ireland
at London.
I, Thomas M. Waller, Consul General and ex-officio a Notary Public of the
United States of America at London, England, do hereby make known and certify
to all whom it may concern that Charles J. Middleton who hath signed the
annexed certificate to the office copy is a Registrar of the Probate division
of the High Court of Justice of England, duly authorised, and to me well
known. And I further certify that the seal affixed to the said certificate is
the seal of the Principal Reigstry of the said Probate division of the High
Court of Justice aforesaid, and that to all acts so authenticated as the
annexed full faith and credit are and ought to be given in Judicature and
thereout.

In testimony whereof, I have hereunto set my hand and affixed my seal of
Office at London aforesaid this 24th day of August in the year of our Lord One
Thousand Eight Hundred and Eighty six.
Thomas M. Waller
Consul General
(consulate seal)
Filed December 27th 1886 10 a.m., C. L. Andrews, County Clerk