3 41
To the
register appointed by Act of Parliament for registering deeds wills and soforth
A
Memorial of an Indenture of settlement bearing date the
fourth day of February in the
year of our Lord one thousand eight hundred and thirty nine and made between William O'Neill of Clonmore
in the County of Carlow Esquire of the first part, Catherine
Dillon of Wellington Place in the County of
Dublin Spinster of the second part and John
Dillon of Wellington Place aforesaid. The Reverend
Charles James Grogan of Dunleckney
England
in the County of Carlow Clerk and the Reverend Henry
O'Neill of Lancaster in the County of
Lancaster in /\ of the third part.
Reciting
an Indenture of lease bearing date the first day of
June one thousand seven hundred and eighty four from The Right Honorable William Earl of Bessboro' to John O'Neill /since deceased the father of the said William O'Neill/ party hereto of the lands of Garryhill commonly called Clonmore
containing forty two acres and two roods together with four acres one rood and
thirty perches of Bog. for three lives therein named. And reciting an Indenture
of Conveyance bearing date the thirtieth day of May one
thousand eight hundred and three from the said John
O'Neill to said William O'Neill of said
lands of Garryhill. And reciting that the said William O'Neill had since demised to William Percival O'Neill part and parcel of said
lands of Clonmore containing twenty three
acres or thereabouts, And reciting that a Marriage was intended to be shortly
had and be solemnized between the said William O'Neill
and Catherine Dillon, And is was agreed upon
the treaty for the said intended marriage that he the said William O'Neill should convey the said part of said
lands of Garryhill not demised to the said William Percival O'Neill containing twenty five acres
or thereabouts with the dwelling house and out
offices
thereon and the rents issues and profits thereof and all timber and other trees
there standing and being on said lands, and also the several articles of
household furniture now in said dwelling house (save and except certain parts
of the said dwelling house
and
garden attached) to the said John Dillon Charles J. Grogan and Henry
O'Neill and the survivors of them his heirs executors administrators and
assigns to and for the several uses, intents and purposes therein after
particularly mentioned. And that it was also agreed that the said William O'Neill should execute unto the said trustees
his bond with warrant of Attorney for confessing judgement thereon in the penal
sum of two thousand pounds conditioned for the payment of the sum of one
thousand pounds for the several trusts and purposes herein after mentioned. And
that it was also agreed upon the treaty for the said intended marriage that the
said Catherine Dillon should also assign and
make over unto the said John Dillon, Charles J. Grogan
and Henry O'Neill and the survivor of
them and the excors and admors and assigns of such survivors all such estate
and
interest
of in and to any lands, tenements and premises and property as the said Catherine Dillon should or might thereafter acquired
xxx the trusts and to and for and upon the intents and purposes thereinafter
expressed and declared of and concerning the same. And
Reciting
that as part performance of the said agreement the said William O'Neill had executed his bond with warrant of Attorney for
confessing judgement thereon in the penal sum of two thousand pounds
conditioned for the payment of the said sum of one thousand pounds unto the
said John Dillon, Richard Charles J. Grogan and
Henry O'Neill.
It is witnessed that in consideration of the said intended marriage and
in further performance of the said agreement, and also in consideration of the sum
of ten shillings of lawful money of Ireland paid by the said John Dillon, Charles James
Grogan and Henry O'Neill to the said William O'Neill at or before the sealing and delivery
of said Indenture the receipt whereof was thereby acknowledged He the said William O'Neill did grant bargain sell release and
confirm unto the said John Dillon Charles James Grogan
and Henry
O'Neill (in
their actual possession then being by virtue of a bargain and sale for a year
therein recited and to their heirs excors admors and assigns All that and those
the aforesaid part of the lands of Garryhill commonly
called Clonmore containing
twenty
five acres plantation measure be the same more or less in as large and ample a
manner as the same were formerly held by the said John
O'Neill and Hugh O'Neill with the
dwelling house and other buildings created and built thereon, together with all
appurtenances
whatsoever to the said premises belonging or in any wise appertaining or
therewith held used and enjoyed and all benefit and advantage thereof. And all
timbers and other trees now standing and being on the said lands and the
several articles
of
furniture now in the said dwelling house saving and reserving nevertheless unto
the said William O'Neill his heirs and assigns
and to hs two daughters Anne O'Neill and Charlotte O'Neill after his decease the use of the
drawing room and the Bed Chamber inside the same with the back room at the rere
thereof and the use of the Kitchen with the furniture that may be in same at
the time of the decease of the said William O'Neill,
And also the use of the garden attached to the said dwelling house so long as
the said Anne
O'Neill and
Charlotte O'Neill wish to occupy said
apartments and that they or either of them remain unmarried To Hold unto the
said John Dillon Charles J Grogan and Henry O'Neill
and the survivor of them his heirs Exors Admors and assigns from
thenceforth
for and during the natural lives and life of the several persons cestinque vies
for whole lives the same are held and and the survivor of these upon the trusts
and to and for and upon the uses intents and purposes hereinafter declared of
and
concerning
the same. And to hold the said timber and other trees and the said furniture
hereby assigned or intended to be unto the said John
Dillon Charles J. Grogan and Henry O'Neill
and the survivors of the and the Exors Admors and assigns of such
survivor
upon the trusts and to and for the intents and purposes thereinafter declared
of and concerning the same. And said Indenture further Witnessed that in
further pursuance and execution of the said recited agreement and for and in
consideration of the sum of ten shillings Sterling to the said Catherine Dillon in hand well and truly paid by the
said John Dillon Charles J. Grogan and Henry O'Neill aforxxxxxxx before the sealing and
delivery of the said Indenture the receipt and payment whereof was thereby
acknowledged She the said Catherine Dillon by
and with the consent of the said William O'Neill
testified by his being a party to and sealing and delivery of said Indenture
Did grant bargain sell assign and make over unto the said John Dillon Charles J. Grogan and Henry O'Neill and the survivor of them and the Exors
Admors and assigns of such survivor All that and those all and every the lands
tenements hereditaments and premises and all other the property seal or personal
to which She the said Catherine Dillon may
hereafter become
entitled
to unto the said John Dillon Charles J. Grogan
and Henry O'Neill and the survivor of them and
the Exors admors and assigns of such survivor to an for the several uses
intents and purposes upon the several trusts and with and under and subject
declarations
to the several powers provisoes limitations /\ and agreements thereinafter
declared and expressed of and concerning the same. That is to say as to for and
concerning the said part of the said lands of Garryhill
otherwise Clonmore. Upon trust to the
use of the said William O'Neill and his assigns
for life and from and immediately after his decease to permit and suffer the
said Catherine Dillon in case she should be
then living and that she shall xxxxx to do xx to reside in the dwelling house
on the said lands of Clonmore and retain to
her use twenty five acres of said lands xxxx in the possession of the said William O'Neill for and during the term of her
natural life, she paying for the same such yearly rent as the said John Dillon
Charles J. Grogan and Henry O'Neill or the survivor of
them or the heirs Exors admors or assigns of such survivor should
consider
reasonable for same, and subject thereto, to the issue of said marriage as said
William O'Neill should by deed or
will
appoint, and for default f such issue then to the use of the said William O'Neill his heirs executors administrators
and
assigns for ever. And as to for and concerning the said bond it was agreed that
said trustees stand xxxxxx thereof
upon
trust that they should raise the same as therein mentioned and pay the interest
thereof to the said William O'Neill
and
his assigns for life and after his decease to pay the interest thereof to the
said Catherine Dillon and her assigns for life
and
from and immediately after the decease of the survivor of them the said William O'Neill and Catherine
Dillon them to pay
the
sum of one thousand pounds secured thereby to the issue of said marriage in
such shares and proportions as the said
William O'Neill shall by deed or will appoint. And in default of such appointment as
the said Catherine Dillon shall appoint
and in
default of such issue said bond and judgement to be to the use of said William O'Neill his Exors admors and assigns
and as
to for and concerning the said lands tenements
?hereditenants and premises and any other property to which the said
Catherine
Dillon
might thereafter become entitled to. Upon trust to the use of the said
Catherine Dillon and her assigns forsaid during
the
term of her natural life to and for her own??? And separate use xxxxx
notwithstanding her coverture and
upon
her own sale and separate receipt and not subject to the debts contracts
xxxxxxxx?controul or engagements of the said William
O’Neill.
And from and immediately after her decease in case the said William O’Neill her
intended husband should
be
then living then upon trust to the use of the said Wililam O’Neill and his
assigns for life – And from and after the
decease
of the survivor of them the said William O’Neill and Catherine Dillon to the
use and xxxx of the issue of
said
marriage as the said Catherine Dillon should appoint and in default as the said
William O’Neill should appoint and
in
default of such direction limitation or appointment to such one child. And in
default of such issue or if issue that such
issue
should die before he she or they attain the age of twenty one years or day of
marriage, then and in such case that the
said
lands and premises to which the said Catherine Dillon should become entitled or
otherwise xxxx should revert
to the
family of the said Catherine Dillon or such of them as should be then living,
their exors admors or assigns in such
?shared
and ?perporitons as the said Catherine Dillon notwithstanding her said intended
coverture shall by any deed or will
to be
executed in the presence of and attested by two or more credible witnesses
direct xxxxx or appoint. And in default of such
appointment
then to be divided between them in equal shares and proportions. And by said indenture
the said William
O’Neill
did for himself his exors admors and assigns agreed to and with the said
trustees and the survivor of them his heirs
exors
admors or assigns that in case the said William O’Neill his heirs exors or
admors should at any time thereafter obtain
a
renewal of the lease of said lands of Garryhill otherwise Clonmore that such
renewal shpuld be to the like uses as therein before
expressed
of and concerning the said land and premises which said deed contains a xxxxx
to said William O’Neill to
xxx
said Bond by instalments as therein mentioned and to sell such timber trees and
furniture and apply
same
towards payment of said Bond which said Deed and this Memorial as to the
execution thereof by the said
William
O’Neill and Catherine Dillon are respectively witnessed by Gustavus Hamilton of
xxxxxx Frederick Street in the
City
of Dublin Solicitor and Gustavus Hamilton Junior of said street, apprentice to
the said Gustavus Hamilton.
Signed
and sealed William
O’Neill
in
presence of Catherine Dillon Gustavus Hamilton Gustavus Hamilton Jr
[Sent by Niall Green]
