Elizabeth Kirwan

Widow of Clement Kirwan, awarded with others (who appear to have been trustees of Matthew Kirwan) part of the compensation for the Farm and Waterworks estates in Montserrat, for the first of which she claimed as executrix of Clement Kirwan owner-in-fee. She was also party to the Chancery suit of Kirwan v Kirwan, into which the compensation was paid for the Old Road estate on Montserrat and which then appears to have been paid to her (Elizabeth Kirwan) 13/08/1838 but subject to an agreement with Jane Kirwan (see below).  

1. Report of Kirwan v Kirwan in court of exchequer 1834: Jane Kirwan, administratrix of late Anthony Kirwan claimed v Clement, Matthew and Nicholas Kirwan, West India merchants. Anthony Kirwan had lent £12,000 to his brothers, they had successively left the partnership. Dispute as to whether brothers or continuing firm was liable, the court found in favour of Jane Kirwan.  Report of Kirwan v Kirwan in Court of Rolls, 1839:  there had been a settlement 02/05/1835 in suit entitled 'Sheldon v Kirwan' of the compensation monies for Farm and the Waterworks, by which Matthew and Elizabeth Kirwan agreed to pay £1500 to William Sheldon (who was it appears exercising his equity of redemption against the Kirwans as mortgagees) through his solicitor J.H. Forbes. Jane Kirwan as administratrix of Anthony Kirwan then sought to enforce payment of a judgement debt and to charge the compensation money (even though the Commissioners had ruled the judgement did not affect the compensation monies). On 18/03/1837 Elizabeth and Matthew Kirwan appear to have agreed to transfer the compensation to Jane Kirwan on condition she paid the £1500 to Forbes. 'Messrs. Lock' are identified as solicitors of Elizabeth Kirwan.  The second Kirwan v Kirwan arose from a further dispute about Jane Kirwan's costs in this sequence.

2. Elizabeth Kirwan died 24/03/1847 at her residence Grove-house Northfleet. Will of Elizabeth Kirwan widow of Northfleet Kent proved 06/05/1847 (the will of Clement Kirwan of Kendal lodge Essex had been proved 26/04/1832). Under her will, Elizabeth Kirwan recited her marriage settlement, which gave her the power to dispose of £1000 from the £7000 settled on her children with Clement. She left 10 shillings to each of 3 daughters and 2 sons, and the residue of the £1000 to her daughter Eliza Mary de St Antoine, wife of Daniel de Antoine, then residing in Paris. She left a series of monetary legacies of £50-£200 to a variety of family members and friends, including £200 to the ministers of the parishes of Northfleet, Gravesend and Epping in the names of her father and husband for the poor of each parish. In a codicil of 1846 she recorded her acquisition of freehold property at Swanscombe, which she left to her niece Mary Durnford, daughter of her sister Jane. Her residuary legatee was her grandson Clifford Daniel de St Antoine, to whom administration was granted in 1857.

3. Elizabeth Kirwan has a memorial in St Botolph's, Northfleet in Kent that records her gift of £200 to the poor of that parish. Eliza Mary, the daughter of Clement and Elizabeth Kirwan, became Countess de Fleury, Baroness de Perignan also has a memorial in St Botolph's, Northfleet.

T71/888 Montserrat claim no. 55 and 206; T71/888 Montserrat claim no. 252. See also T71/888 claim nos. 231 and 232 for the Syms and Paradise estate in Montserrat, for which the compensation was paid to Ebenezer Fernie et al., apparently trustees for Matthew Kirwan.

1. Times 07/05/1834 p 7; Times 18/04/1839 p 6.

2. Times 29/03/1847 p. 9; PROB 11/2056/134; PROB 11/1798.

3. http://www.kentarchaeology.org.uk/Research/Libr/MIs/MIsNorthfleet/01.htm [accessed 14/02/2016]