Notes:

Hugh Kennedy was born in 1775. He was the son of John Kennedy and Elizabeth Cole. He married Sophia Lowe, daughter of William John Lowe and Hon. Sophia Hamilton. He married, firstly, Grace Dorothea Hughes, daughter of Thomas Hughes, in 1799. He died in 1852.

Hugh Kennedy held the office of Justice of the Peace (J.P.). He held the office of High Sheriff in 1802. He lived at Cultra, County Down, Ireland.

Hughes, Grace Dorothea: 1799 Nov 12, to Hugh Kennedy Esq. Married at St Thomas's Dublin.

Irish Equity Reports
1848, Nov. 29, Dec. 2
1849, Jan. 27.
Ex Parte Kennedy

In the matter of the act to facilitate the sale on incumbered estates in Ireland.
The petition was presented by Hugh Kennedy, as owner of the lands of Ballycultragh, in the county of Down, for a sale under the Act to Facilitate the Sale of Incumbered Estates.

Previously to the 1st of October 1828, Hugh Kennedy was seised of fee of the lands of Ballycultragh, and of the lands of Ballygraney, Ballykeel and the Holywood mill; certain other lands in the county of Down called the Dundonald estate, the rental of which was £3000, and the Burgage lands of Cashel, in the county of Tipperary were, by a settlement of the 12th of November 1799, limited, after the death of Thomas Hughes and Grace Dorothea Hughes, to the use of Hugh Kennedy for life, with the remainder to his first and other sons in tail. The Dundonald estate was subject to £1000 for younger children, and to a power to Hugh Kennedy to charge a jointure of £100 for a second wife, and £1000 for the children of a second marriage. The Cashel estate was charged with £2000 for younger children. John Hughes Kennedy was the eldest son of Hugh Kennedy. By an arrangement between them, which was carried into effect by a deed of the 1st of October 1828, it was agreed that all the estates should be conveyed to trustees in trust in the first instance to sell the Dundonald and Cashel estates, and the lands of Ballykeel and Holywood, for the purpose of paying certain judgment, specialty and simple contract debts of Hugh Kennedy; and as to the lands of Ballycultragh (subject to so much of the debts and incumbrances affecting the estates as should remain unpaid by the produce of the sale of the other estates, and subject to two annuities), upon trust by mortgage to raise such sum or sums of money not exceeding £40,000 as the trustee should think right, and to apply the same for the payment and discharge of the said charges and incumbrances, and upon further trust to pay the residue of the rents to Hugh Kennedy for life, remainder, subject to a jointure for the second wife of Hugh Kennedy, to John Hughes Kennedy and his heirs. The recitals and limitations of the deed are fully detailed in the judgment of the Master of the Rolls. The mansion-house and a portion of the demesne of Cultra was not comprised in the deed, but was limited by a deed of the 25th of December 1807, to Hugh Kennedy for life, remainder to his first and other sons in tail. Under the provisions of the deed, the Dundonald estate and the lands of Ballykeel and Holywood were sold by the trustee. The proceeds of the sale, amounting to the sum of £56,225, were applied in payment of the debts of Hugh Kennedy.

John Hughes Kennedy died on the 29th of December 1839, unmarried, having devised all his estates over which he had a disposing power to Robert Steward Kennedy, his next brother and tenant in tail in remainder of the demesne lands of Cultra.

On the 13th of April 1844 Hugh Kennedy, in consideration of £1950, conveyed all his estate in the demesne lands of Cultra, and in the lands comprised in the deed of the 1st of October 1828, to John Kennedy and his heirs, in as large and ample a manner as he had or ought to have the same by virtue of the said trust deed. A deed declaring certain trusts in favour of Hugh Kennedy was executed. There was no date to the deed; but it was endorsed as if executed on the 30th of April 1844.

The petition stated the provisions of the deed of the 1st of October 1828, and the incumbrances which affected the inheritance of the lands comprised in the said deed remaining unsold. The incumbrances were set forth in a schedule and amounted to £52,120. 4s. 6d. The rental of the unsold estates was £4241. 16s. 4¼d. The petition also stated that frequent attempts had been made to obtain a purchaser for the Cashel lands, without effect, no offer having been made for the same, and that the sale of Ballycultragh would produce upwards of £40,000, and would be the means of effectually relieving the other portions of the estates from the incumbrances affecting them, and would enable the petitioner to reduce the rents of some of the tenants thereof, and otherwise to improve the same. But no allusion was made in the petition to the deed of the 13th of April 1844, or to the deed declaring the trusts of it. The former deed was disclosed by the affidavit of Robert Steward Kennedy, the latter referred to by the petitioner's Counsel in the course of the argument, and called for by the Court..................

The Master Of The Rolls.
In this case a petition has been presented by Hugh Kennedy, Esq., under the 2nd section of the Incumbered Estates Act, for a sale of the lands of Ballycultragh for the payment of incumbrances affecting them.

The petitioner is tenant for life of the said lands, under a certain deed of settlement bearing date the 1st of October 1828.

That deed was made between the petitioner Hugh Kennedy and Sophia Kennedy his then wife, of the first part; John Hughes Kennedy, his eldest son by Grace Dorothea Kennedy, of the second part; and certain other persons of the third, fourth and fifth parts.

It appears from the recitals therein contained, that by a certain settlement executed on the marriage of the petitioner with his first wife Grace Dorothea Hughes, and bearing date the 12th of November 1799, the lands of Ballybean and Carrowreagh, in the county of Down, called the Dundonald estate, were settled on the petitioner Hugh Kennedy for life, with remainder to the first and other sons of the marriage, in tail male.

There are other limitations relating to said lands in that deed, but they do not appear material to the questions which arise on this petition.

Certain other lands the property of Thomas Hughes, the father of Grace Dorothea Hughes, were also settled by the deed of 1799 upon the first and other sons of the marriage, after the death of Thomas Hughes and Grace Dorothea Hughes, to whom life estates were limited. These lands are called the Burgage lands of Cashel, and are situate in the county of Tipperary, and appear by the schedule to the petition to produce an annual rental of £966. 18s. 5d.

The petitioner upon the death of his father became seised in fee of the lands of Ballycultragh, which are now sought to be sold, and of certain other lands in the deed mentioned.

The deed of 1828, after reciting amongst other things the matters I have stated, further recited that the petitioner had confessed judgments, and contracted mortgage, annuity, bond and simple contract debts to a large amount, and in consequence thereof it had become expedient to make some provision for the payment of the several incumbrances affecting the said estates, and of the debts so contracted as aforesaid ; and it further recited that the petitioner Hugh Kennedy had applied to his son John Hughes Kennedy to join him, Hugh Kennedy, in selling the settled estates, consisting of the lands in the county of Down called the Dundonald estate, and of the Burgage lands of Cashel, in the county of Tipperary; and that Hugh Kennedy had further proposed to sell the lands of Ballykeel, and the Holywood mill, being part of the lands of which said Hugh Kennedy was so seised in fee ; and that the money to be produced by the several sales, after discharging the incumbrances affecting the settled estates, and also the sum or sums of money which should be raised or borrowed by way of mortgage, pursuant to the trust thereinafter mentioned, should go and be applied in and towards the payment and discharge of the debts and incumbrances so affecting the lands whereof Hugh Kennedy was seised in fee; and also in paying off and discharging the simple contract debts then due and owing by Hugh Kennedy, to the extent thereinafter mentioned. The deed further recited that the petitioner Hugh Kennedy had further proposed to settle and assure the residue of his estate of which he was seised in fee...............

John Kennedy was born about 1742 at Holywood, Cultra in county Doen, Ireland. He died at Dublin on 28 December 1801.

Elizabeth Cole was born about 1756 at Brookville in county Fermanagh, Ireland. Elizabeth died, aged 72, at Bollingham, county Down, Ireland on 19 October 1828.

John Kennedy was the son of Hugh Kennedy and Mabel Curtis. He married Elizabeth Cole, daughter of Reverend Henry Cole and Mary Brooke. He died in 1802.

John Kennedy graduated from University of Glasgow, Glasgow, Lanarkshire, Scotland, with a Master of Arts (M.A.). In 1760 he (unsuccessfully) claimed the title of Earl of Cassilis, after the death of the 8th Earl. He held the office of High Sheriff in 1769. He held the office of Justice of the Peace (J.P.). He lived at Cultra, County Down, Ireland.

Edinburgh Magazine, Volume 19 - 1802
Deaths
December 1801
In Dublin, John Kennedy of Cultra, in the county of Down, Esq.

Percy and Caldwell Correspondence
Dublin, Dec. 29, 1801
........"Mr Kennedy of Cultra died yesterday; he came to town two months ago, apparently in perfect health; he had been ill about a month; some inward disorder, a slight fit of the gout I believe, mismanaged and repelled. He was an excellent head of a family, and is a great loss; ten sons and three daughters, but there is a good estate, and they are all worthy and well-disposed."........

Elizabeth Cole was the daughter of Reverend Henry Cole and Mary Brooke. Rev. Henry Cole of Brookville, co. Fermanagh was the Rector of Derryloran, co. Tyrone. Henry was born about 1716 and died about 1773. Mary Brooke died about 1768. Henry was the brother of the 1st Lord Mount Florence. Mary Brooke was the daughter of Sir Arthur Brooke, Bart.

Dodsley's Annual Register - 1828
October
19. At Bollingham, aged 72, Eliz. relict of John Kennedy, of Cultra, county Down, esq. She was daughter of the late rev. Henry Cole, the brother of lord Mountflorence, afterwards earl of Enniskillen.

The children of John Kennedy and Elizabeth Cole were:

Henry Kennedy
John Kennedy
Lt.-Col. Arthur Kennedy
Longford Kennedy (-1850)
William Kennedy (-1846)
Captain Alexander Kennedy
Charles Pratt Kennedy (-1875)
Thomas Kennedy
Robert Kennedy (-1864)
Selina Kennedy
Unknown Daughter Kennedy
Hugh Kennedy (1775-1852)

Hugh Kennedy