What action Cornelius saw is not known but he obviously did not suffer any penalty or expropriation for his espousal of the Jacobite cause. His general circumstances are enshrined in his Marriage Settlement of 8 February l696:
"An Indenture, dated 8 February 1696 between Teige Fogarty of Garane, Co. Tipperary, gent, of the Ist part; Theobald Butler Ballyvadlea gent, and John Hennesy Killusty in the said county, gent, on the other part, Witnesseth that the said Teige Fogarty in consideration of a marraige solemnised between Cornelius Fogarty, son and heir of said Teige Fogarty and Mary Kearney, for love and affection and for a competant Jointure for the said Mary in consideration of £1,000 secured, to be paid to the saud Cornelius as a marriage portion with her, and for settling the lands, had bargained, released etc. unto the said Theobald Butler, Michael Kearney and John Hennesey and their heirs, transferred the lands, town, village and hamlets of Garrane, containing sixty acres profitable plantation measure and the commons thereto belonging, as also the lands of ffithmone, being the estate and possession of the said Teige Fogarty, with all edifaces, houses, buildings, orchards, garden, mills, woods, underwood etc..."
(Witnesses to the Marriage Settlement were:) Richard Carroll, Jno. Riane, Thomas Fogarty & John Nunane."

Following Cornelius' marriage, his father, Teige removed to Clonismullin in the Drom parish and died sometime in l697/8(See his Will in Appendix I)

Wills are not only a rich and accurate source of genealogical data but also a valuable repository of the prevailing customs for providing for one's widow and offspring in the late l7th and early l8th centuries. An abridged version of Cornelius O'Fogarty's will illustrates the value of such information....:

"In the name of God Amen. I Cornelius Fogarty of Garrane in the County of Tipperary, gent, being indisposed in body...... etc.

First I bequeath my soul to Almighty God, My Creator hoping for mercy through the merits of the Passion of my Saviour... etc... to be decently buried in the Church of Hollycross etc. Secondly I leave and bequeath unto my dear and well beloved wife Mary Fogarty all wearing cloaths rings jewells and apparell to her in any way belonging over and above the provision made for her in the articles of Intermarriage perfected between her and me before our marriage. Thirdly I bequeath unto my second son Thomas Fogarty Doctor of Physick the sum of five shill. ster. and no more having expended considerable on his education. Fourthly I leave and bequeath unto my son Mallachy Fogarty the sum of thirty pound ster. and the like sum of thirty pounds to my son Bryan Fogarty to be paid unto them severally. Fifthly I bequeath unto my eldest son Timothy Fogarty all my worldly substance viz: my stock and cattle of all sorts the benefit of a lease that was perfected to me of the lands and tenements of Barricurry, the demises made to me of the tythes of Garrane and Barricurry and half the debt due to me of Thady Fogarty on the lands of Fithmone, he the said Timothy paying the aforesaid sixty pounds to my aforesaid sons Mallachy and Bryan as also to my daughter Catherine Fogarty the sume of one hundred pounds ster. which hundred pounds he the said Timothy is to pay over and above the sum of two hundred pounds which is due to the said Catherine by a Bond from the sd Timothy and his other brothers. And it is further my will that in case the said Tim. should give anny opposition to the payment of sd legacies and debts to her or any other children as aforesaid either by making defence in law or otherwise its my will and desire that the substance lands chattels debts leases and demises herein left to him the sd Tim. should immediately appertaine and belong to my daughter Catherine she in such case being obliged to pay unto Mallachy and Bryan the sixty pounds bequeathed to them as aforesaid. Sixthly It is my will that if my son Tim. enjoys the benefits of the above named goods leases etc... that he the said Tim shall be obliged to give and allow my eldest daughter Mary Fogarty her diet and lodgings till she is otherwise settled or assured of a sustenance by her husbands estate and in case the said effects shall happen to belong to my daughter Catherine etc... (she) shall be obliged to allow the sd Mary her diet and lodgings aforesaid in which her mother is to joyn with sd. Cath. in sd allowance and its further my will that whoever enjoys sd effects shall pay all my lawful debts.
Seventhly I bequeath unto my son Tim. a debt due of my brother Thomas Fogarty which debt I also intend should appertain and belong to my daughter Catherine in case the sd. Timothy will not perform the above obligations. Eightly I leave and bequeath unto my son Tim the other moiety of the debt due to me of Thady Fogarty of Fithmone the sd being obliged to allow my daughter Mary Fogarty six pounds per ann. till the said six pounds amount to the sum equall to the said debt and if it happens that the said Mary should either dye or get a settlement by the recovery of her husbands estate that then and in such case the sd Tim should pay any part remaining of sd debt to his brothers Bryan and Mallachy. Ninethly It is my will and desire that all my corn above and under ground should be left to maintain my house and family at Garrane and that the sd corne should not be counted a part of the effects left to my son Tim. or Catherine. Tenthly It is my will and intention that if my daughter Catherine shall dye unmarryed that the above named Mallachy and Bryan shall have and enjoy a hundred pounds ster. of that left sd. Catherine. And my son Tim. is to have and enjoy two hundred pounds remaining of sd money. Eleventhly I leave and bequeath unto my friend Mr Edmond Cormack of Hollycross the sum of five pounds w.ch five pounds is to be paid and const.(itute)d as part of my lawfull debts. Lastly It is my will and desire that in two months after my decease that my son Timothy shall secure payment of the aforesaid three hundred pounds to my daughter Catherine in which if he the said Tim fails that then in that case she the said Catherine is immediately to possess all the aforesaid goods chattels lands tenements leases debts demises and any other effects belonging to me on condition afor.sd and that I do hereby order nominate and appoint my said son Timothy, my good and trusty friends Thomas Armstrong of Moyaliffe Esq.r and his son Mr Wm Armstrong of Moyaliffe in the County of Tipperary to be executors of this my last will and testament also the words (her or) interlined.
In witness whereof I put my hand seal this fourth day of January l730 thirty."
(Signed) Cor: ffogerty
Witnesses: Richard Shanahan
Paul Bourk
David Bourk
As Cornelius' son, Teige or Timothy, died sine prole sometime around 1747, Castlefogarty devolved upon Thomas the Medical Doctor who had a medical practice in Wexford for some time at least. He left a solvent and flourishing patrimony to his son Dr. James Fogarty.