Deed 1822 769 240 521575 in the Registry of Deeds
Transcription:
A memorial of an indented deed bearing date the ninth day of February one thousand eight hundred and twenty two made between
David White [sic - should be David North] of Whitewell in the county of Westmeath esquire and Catherine North otherwise Pim his wife of the one part and
John Pim and Anthony Cooper of the city of Dublin esquires of the other part
reciting that the said Catherine North otherwise Pim was entitled to the sum of fifty pounds under the will of Robert Pim the elder chargeable on the lands of Banaughera in the Queens county
and also entitled under the will of Robert Pim the younger to the sum of five hundred pounds also chargeable on the said lands
and to the sum of one hundred pounds in right of her brother also chargeable on the said lands
and reciting the said John Pim in the year one thousand eight hundred and twelve purchased said lands subject to said charges
and reciting that by indented articles of agreement bearing date the twenty second day of August one thousand eight hundred and sixteen made between the said David North of the first part and Catherine North (then Catherine Pim) of the second part Elizabeth Pim widow mother of the said Catherine of the third part and the said Anthony cooper and John Pim of the fourth part
reciting as then was recited
said articles witnessed that in consideration of the intended marriage of the said David North with the said Catherine Pim and of the marriage portion of the said Catherine Pim he the said David North for the considerations therein mentioned did grant release and confirm unto the said Anthony Cooper and John Pim and to their heirs and assigns all that the lands of Tinnekelly and Clonfree as therein recited
and said articles further witnessed that for the considerations therein mentioned the said Elizabeth Pim and Catherine Pim did grant and make over unto the said Anthony Cooper and John Pim the marriage portion of said Catherine Pim to hold unto the said Anthony Cooper and John Pim their heirs and assigns subject to the therein as by said articles might appear
and reciting that said marriage took effect and that since the solemnization thereof it was ascertained that by unforeseen casualties there were then only forthcoming of the said sum of nine hundred pounds in said articles mentioned as part of the marriage portion of the said Catherine a sum of six hundred and fifty pounds only chargeable on said lands of Banaughera in the seizin and possession of the said John Pim
and reciting that the said John Pim paid to the said Catherine North and before her marriage the sum of two hundred and fifty pounds
and reciting that the said John Pim also paid to the said David North and Catherine North his wife the sum of two hundred pounds part of said sum of six hundred and fifty pounds and all interest on said sums up to the day of their being paid as by the account duly settled in a schedule thereunto annexed might appear
and reciting that the said David North had taken a lease of lives renewable for ever of the lands of Oldtown commonly called the Oldtown Division of the West in the county of Westmeath at the yearly rent of one hundred and twenty pounds per annum subject to the agreement of building and erecting a dwelling house and offices on said premises and reducing said yearly rent to one pound per acre as therein mentioned
and further reciting that the said David North was unable to procure any renewals of said lands of Tinnekelly and Clonfree to ensure to the uses of said marriage articles
but that the said David North in consideration of the sums therein advanced and the remainder of said sum then advanced to him by the said John Pim had agreed to convey his interest in said lands of Oldtown to the said Anthony Cooper and John Pim for the same uses and purposes mentioned in said articles in as ample a manner as if the said David North had obtained such renewals of said lands of Tinnekelly and Clonfree
and for that purpose it was thereby agreed by all the parties thereto that the lease so taken was equal to any purchase of lands the said Anthony Cooper and John Pim as trustees could make with said sum of six hundred and fifty pounds
and reciting that the advance of the said sum of two hundred pounds therein mentioned was made by the said John Pim to the said David North part of the said sum of six hundred and fifty pounds charged on said lands of Banaughera to enable the said David North to build said dwelling house and offices on said lands of Oldtown pursuant to the covenant on the part of the said David North and in said lease contained
and further reciting that the said David North and Catherine his wife had lately applied to the said John Pim and Anthony Cooper for the further sum of two hundred pounds the balance due on foot of the charge on said lands of Banaughera to enable him the said David North to compleat the dwelling house and offices
and that the said John Pim and Anthony Cooper had agreed to pay same on being released by the said David North and Catherine his wife as to the payment of said sum of four hundred and fifty pounds as theretofore paid and advanced to the said David North and Catherine his wife and the sum of two hundred pounds then advanced for the purposes therein mentioned
and also on his the said David North conveying and assigning unto the said Anthony Cooper and John Pim the said lands of Oldtown to ensure to the uses intents and purposes in said articles of the twenty second day of August one thousand eight hundred and sixteen mentioned
and which said deed of which this writing is a memorial witnessed that in consideration of said sum of two hundred pounds to the said David North in hand paid by the said John Pim being the residue of said sum of six hundred and fifty pounds to which the said Catherine North was entitled and a charge on said lands of Banaughera and in consideration of the sum of two hundred and fifty pounds theretofore advanced to the said Catherine North before her marriage and of the said sum of two hundred pounds then advanced to the said David North by the said John Pim since his marriage making altogether the sum of six hundred and fifty pounds and in consideration of the sum of five shillings sterling to him the said David North paid by the said Anthony Cooper and John Pim the accept and payment of which said several sums was thereby acknowledged
they the said David North Catherine North and Anthony Cooper and each of them for himself and herself did thereby release acquit and discharge the said John Pim his heirs exors admors and assigns off from and against the said sum of two hundred and fifty pounds heretofore advanced and paid to the said Catherine North before her marriage and the sum of two hundred pounds so paid to the said David North since said marriage and so applied by him in manner therein mentioned and also in consideration of the sum of two hundred pounds then advanced to the said David North
and said deed further witnessed that the said David North for the considerations aforesaid did give grant bargain assign and make over unto the said Anthony Cooper and John Pim in their actual possession as therein mentioned and to their heirs exors admors and assigns and to the heirs exors admors and assigns of the survivor of them all that and those the lands of Oldtown commonly called the division of the West containing sixty one acres situate lying and being in the county of Westmeath with the rights members and appurtenances to hold unto the said Anthony Cooper and John Pim their heirs executors admors and assigns for and during the natural lives and life of the three cestui vices* therein named and for and during the natural lives and life of such other person and persons as should be for ever thereafter added thereto pursuant to the covenant for perpetual renewal therein mentioned and contained in any future deed to be executed by the said David North and Catherine North his wife to the said Anthony Cooper and John Pim or any trustee of trustees to be in such deed nominated and appointed in which said deed is contained a provisoe that nothing therein contained should be deemed construed or taken to effect the person or persons of them the said Anthony Cooper and John Pim their or either of their heirs executors admors or assigns of their or either of their lands tenements goods or chattels they acting therein merely as trustees
any clause or covenant therein contained to the contrary thereof in anywise notwithstanding
and it was thereby declared and covenanted by the said David North that he his heirs exors admors and assigns should well safely indemnify and save harmless the said Anthony Cooper and John Pim of and from all suits claims and demands whatsoever for of by reason of the advance of four hundred and fifty pounds theretofore made by the said John Pim to the said David North and also for the sum of two hundred pounds then advanced
and that it should and might be lawful to and for the said John Pim and Anthony Cooper or the survivor of them their heirs exors and admors to sell the said lands of Oldtown if the persons entitled under said articles of the twenty second day of August one thousand eight hundred and sixteen should demand the fortune of said Catherine North so paid as therein shall require paymt of same then for them the said John Pim and Anthony Cooper to sell same and thereout to pay the said sum of six hundred and fifty pounds according to the said articles therein recited and to reimburse themselves in all costs and expenses attending the same or which they might be put in execution of the trusts of the said articles
and the said David North did thereby covenant promise and agree to and with the said Anthony Cooper and John Pim that he the said David North his heirs exors and admors should well and truly pay and discharge at each and every term the rent of said lands of Oldtown is made payable to the said Richard Molesworth Renee his heirs and assigns and also each … and faithfully on the fall of each life within six months from the fall of each life or within six months from the death of each life in said lease and every renewal thereof and …. the renewal fine for the insertion of every such new life and well and truly preserve his and their interest in such lease and not suffer same to be evicted and that he should not encumber the said lands of Oldtown in any manner whatsoever but that the said Anthony Cooper and John Pim should and might lawfully peaceably and gently have and hold the said lands of Oldtown for the purposes therein set forth
and the said David North did thereby for himself his heirs executors admors and assigns covenant promise and agree to and with the said Anthony Cooper and John Pim that he would well and truly indemnify and save harmless them the said Anthony Cooper and John Pim from the payment of said sum of four hundred and fifty pounds theretofore advanced to the said David North and from the then advance of two hundred pounds being the balance due to the said Catherine North charged on said lands of Banaughera
and it was further agreed on .. that the schedule thereto annexed containing an account of principal and interest as a just and fair account of the sums due by the said John Pim our of said lands of Banaughera to the said Catherine North under and by virtue of the therein recited wills
and the parties to said deed of which this writing is a memorial did thereby release and exonerate for ever discharge the said lands of Banaughera and every part and parcel thereof of and from the payment of said charges amounting to the sum of six hundred and fifty pounds
and every part thereof which said deed as to the execution thereof by the above named David North Catherine North and Anthony Cooper is witnessed by John Joshua Pim of the city of Dublin wine mercht and John Kennedy of said city gentn
and this meml is also witnessed by said John Joshua Pim and Thomas McKittrich of said city writing clerk
David North (seal) …….. etc………………… etc……………..
Sworn before me this 11th day of February 1822.
Frns Armstrong D R
*Legal [latin] word for “the person who in place of”
(EN email 27 Sep 2008; CN email 10 Sep 2009)