Ecclesville Estate Entail and Settlement
Introduction
The will of John Stewart (or Stuart) Eccles of Ecclesville, dated 1 October 1873, is the central legal document governing the succession of the Ecclesville estate.
It established a strict entail in tail male, restricting inheritance primarily to male descendants, while limiting the rights of daughters to life interests. The provisions of this will shaped the later history of the estate, including the position of Amy Eccles as life tenant and the eventual succession through the Delmege line.
A codicil dated 2 April 1886 appointed additional executors and guardians shortly before the testator’s death.
Key Provisions
- Estate settled under strict entail in tail male
- Widow granted life interest and jointure (£600 per annum)
- Daughters granted life interests only, with succession to their male issue
- Ultimate remainder to:
- Brother Charles Edward Eccles
- Then uncle Robert Gilbert Eccles
- Powers to raise portions for younger children
- Restrictions on leasing (excluding Ecclesville House and demesne)
- Codicil appoints Dr Thomas Duncan and Dr Edward Charles Thompson as executors and guardians
Full Text of the Will
I John Stuart Eccles of Ecclesville in the County of Tyrone revoking all testamentary dispositions heretofore made by me declare this to be my last will, whereof I appoint my beloved wife Frances Caroline Eccles my sole executrix.
I confirm the settlement made in contemplation of my marriage with my said wife of my estates in the County of Tyrone which are thereby limited after my death to uses amongst others for securing a jointure rent charge of six hundred pounds a year to my said wife for her life and portions for our younger children and subject thereto to the use of the sons of our marriage successively in tail male with reversion to myself in fee simple.
I bequeath all my personal estate and effects unto the said Frances Caroline Eccles her executors administrators and assigns for her and their own absolute use and benefit.
And as to all the lands tenements and hereditaments of every tenure including chattels real with their appurtenances of or to which I am or may at my decease be entitled (in default of my leaving issue under the limitations in my said settlement contained) or over which I shall have a general power of appointment or disposition by will including my reversions in fee in the said estate comprised in my said marriage settlement, I devise the same to the use and intent that my said wife shall receive for her own absolute benefit during her life if she shall so long continue my widow and not otherwise the whole of the rents and profits thereof.
And subject as aforesaid to the use of every daughter of mine and her issue male in succession so that every elder daughter and her issue male may be preferred to every younger daughter and her issue male and so that every such daughter may take an estate for her life with remainder to her first and every subsequent son successively according to seniority in tail male.
And on failure of such issue to the use of my brother Charles Edward Eccles and his assigns for his life with remainder to the use of the first and every other son of my said brother successively according to seniority in tail male.
And in default thereof to my uncle Robert Gilbert Eccles for his life and after his death to the first and every other son of my said uncle successively according to seniority in tail male and in default or on failure of such issue to my own right heirs.
I declare that every estate for life hereinbefore limited is to be without impeachment of waste.
I empower every tenant for life under the limitations contained whether in possession or not either in contemplation of marriage or after marriage by deed or will to appoint a yearly rent charge not exceeding three hundred pounds issuing out of the said hereditaments, subject to the limitations and priorities therein expressed.
I further empower every tenant for life to raise portions for younger children (other than the heir) not exceeding two thousand pounds for one child, four thousand pounds for two, or six thousand pounds for three or more children, subject to the conditions specified.
Provided always that it shall be lawful for every person entitled in possession as tenant for life or in tail to lease the hereditaments (except the capital mansion house of Ecclesville and its demesne) for terms of years at the best rent and without fine.
In witness whereof I have hereunto set my hand this first day of October one thousand eight hundred and seventy three.
John S. Eccles
Codicil (2 April 1886)
This is a codicil to the last will and testament of me John Stuart Eccles of Ecclesville in the County of Tyrone dated 1 October 1873.
I revoke all former codicils and appoint Thomas Duncan of Fintona and Edward C Thompson of Omagh, medical doctors, to be executors of my said will in addition to my wife Frances Caroline Eccles.
I also appoint them, together with my said wife, to be guardians of my infant children.
In all other respects I confirm my said will.
Dated this 2nd day of April 1886.
John S. Eccles
Probate
Probate granted: 17 June 1886
Notes on Interpretation
- The will enforces a strict male-line succession, typical of landed estates of the period
- Daughters, including Amy Eccles, could not inherit outright, only as life tenants
- The codicil confirms the importance of Dr Edward Charles Thompson, placing him directly in control of both guardianship and estate oversight
- These provisions directly shaped:
- The marriage strategy of the family
- The later succession through the Delmege line
- The eventual fragmentation of the estate
Source
Public Record Office of Northern Ireland (PRONI)
Reference: MIC/15c/1/9