THE RUTTLEDGE FAMILIES OF CO. MAYO Page 447
5 .James Peter, the youngest son m. Alicia, younger daughter of Thomas Bournes of Castleconnor, Co. Sligo by his first wife, Hester O'Brien. 180 James Peter died at the end of 1826 181 leaving a daughter, Belinda. His widow m. secondly Fergus, eldest son of James J. C. Farrell of Gibraltar House, Co. Sligo on 29 April 1828. 180
1 Mrs. Keys. 172 182
2 Letitia who m. Robert Fair of Fortville, Co. Mayo in August 1825. 183
3 Elizabeth who m. 7 November 1823 at Hollymount Church, Co. Mayo, the widower Thomas Bournes of Castleconnor 184 (see James Peter above) He d. 9 December 1829 185 and Elizabeth is said then to have m. 15 January 1836 at Rathfarnham Church. Co. Dublin. Henry Gardiner .
M.D. of Ballina, Co. Mayo. 186
4 Mary or Maria b. 1803 who m. John Fair of Fortville. Co. Mayo on 13 July 1825. 183
The first three sons and the first three daughters were all born before the marriage of 1803. Upon the death of Richard Ruttledge of Dublin in 1811 (see B above) David succeeded to the estates, which amounted to well over 6.000 acres. His heir, William was sent to Trinity College, Dublin in 1822 187 but shortly afterwards became a lunatic.
But years before David had succeeded to his 6,000 acres, litigation had commenced between him and Robert Ruttledge of Bloomfield (see B above) Both men were lawyers and they were in dispute because Robert, who already owned over 20.000 acres of his own, had contrived also to become the tenant of David's 6.000 acres. long before they had come into David's possession. David saw Robert therefore as a greedy unscrupulous man ready, some day, to grab his 6.000 acres as well. So he sought. through the Courts, to get rid of Robert as his tenant. Their litigation dragged on for upwards of fifteen years until 1821 when the Irish Lord Chancellor decreed. on extremely complex grounds. that Robert was entitled to a perpetual renewal of his lease, So the case then went to the House of Lords where in 1828 the Lord Chancellor's decree was upheld.
David died in 1825 and was buried in the church at Foxford, Co. Mayo 172 and William, the lunatic succeeded to the estates but died in February 1832. 172 So Robert Ruttledge then claimed the estates for himself. But by this stage, George, the only male survivor had no intention of giving them up.
GEORGE had married Eleanor Anne Bournes, elder sister of Alicia (see James Peter above) in 1824 188 and by 1832 had sons of his own. So in March 1833 Robert challenged George at the Mayo Assises. Robert's counsel was the Attorney General at 300 guineas and George had Edward Litton. K.C. at 150 guineas. At the trial George successfully held Robert at bay, by producing out of the blue a marriage certificate which showed that prior to the marriage of 1803. his parents had previously been married by a Roman Catholic priest in 1794 and evidence was given that his father had been a Roman Catholic prior to the marriage. So it seemed that George was legitimate, but the Mayo jury failed to a agree and the trial came up again at the Galway Assises in April 1833. It was agreed at the Galway trial that the only question should be the legitimacy or illegitimacy of the defendant George. The Galway jury found for George and Robert was nonsuited 189 and died a few weeks later on 25 May 1833.
180. RD. 876.120.581620.
181. Ruttledge MSS. item 21.
182. David Keys mentioned in RD. 876.I20.581620 may have been her husband.
183. PROI. index Tuam MLBs.
184. Ballina Impartial, I7 Nov. 1823.
185. Mayo Constitution, 17 Dec. 1829.
186. Mary A. Strange. The Bourne(s) families of Ireland (U.S.A. 1970) p. 28.
187. Alumni Dublinenses.
188. Ballina Impartial, 9 Feb. 1824. PROI. index Tuam MLBs.
189. Mayo Constitution, 28 March & 1 April 1833, Telegraph or Connaught Ranger, 27 March & 3 April 1833. Thomas Wright (ed.), Law recorder, N.S. i, pp. 88-9, I833.