Deed 1834 14 298 in the Registry of Deeds, Dublin
Transcription (incomplete):
A memorial of an indenture deed bearing date and executed the twenty seventh day of June in the year of our Lord one thousand eight hundred and thirty four and made between
Barbara North of Dorset St in the city of Dub widow of Roger North late of Kilduff in the King’s Co in Irl deceased of the first part
Robert Staples Swift of North Early St in the city of Dub esq and Caroline Swift orse North his wife of the second part
Barbara North of Grafton St in the city of Dub spinster of the third part and
Peter North of Grafton St in the city of Dub aforesaid of the fourth part
whereby
after reciting an indenture bearing date the nineteenth day of April one thousand eight hundred and nineteen [deed 505671] & expressed to be made between Roger North of Kilduff in the King’s Co since deceased of the first part the said Peter North and Georgina North orse Lyster his wife of the second part and Milo Bagott of Clara in the King’s Co of the third part by which indenture
after reciting that upon the marriage of the said Peter North the second son of the said Roger North with the said Georgina Lyster the said Roger North in conson of the said marriage did by articles therein alledged and recited to have been executed by him covenant & agree to settle and assure the lands of Clonfad in trust to the uses in said indenture mentioned
he the said Roger North did grant bargain sell assign and make over unto the said Milo Bagott all that and those the part of the … and lands of Clonfad on right hand side of the road leading from Tyrrelspass to Mullingar contg one hundred and sixty eight acres or thereabouts with the bogs and commons thereto adjoining them in the propy of the said Roger North and his undertenants in as full and ample manner as the same had been demised by the lease and renewals from the Lord Bishop of Meath to the said Roger North to hold to the said Milo Bagott his exors admors and assigns upon trust for the purposes therein mentioned and amongst them upon trust after the decease of the said Roger North to permit and suffer Barbara North and her assigns if she should survive her husband to receive and take an annuity of fifty pounds during her life and upon further trust after the death of said Roger North to permit and suffer the said Peter North and his assigns during his life to receive the rents issues and profits of said premes with power to make leases thereof in … for eighteen yrs and upon further trust after the decease of the survr of them the said Roger North and Peter North and subject to said annuity of fifty pounds to said Barbara to permit and suffer Caroline North and Barbara North daughters of the said Peter and Georgina North and the survivor of them and their heirs and her assigns during the lives of the said Caroline and Barbara and the life of the survivr of them to receive and take the rents issues and profits of the said lands to the use of the said Caroline and Barbara and their issue male or female and of the survr of them with benefit of survivorship between them the said Caroline and Barbara and from and after the death of the survr of them the said Roger North Peter North Caroline and Barbara North and their issue male or female then upon trust that he the said Milo Bagott his exrs admrs and assigns should grant assign and make over the said lands and premes subject to said annuity of fifty pounds to said Barbara the elder unto the issue male & female of said Caroline and Barbara North who should be then living share and share and share [sic] alike and in default of such issue to Roger North the younger third son of said Roger North the elder & which said indenture of nineteenth April one thousand eight hundred and nineteen contained a proviso or power of revocation of the said uses or trusts thereof by said Roger North at any time during his life
and after further reciting an indenture bearing date the eleventh December one thousand eight hundred and twenty nine made between the said Roger North of the first part the said Peter North of the second part and the said Robert Staples Swift of the third part
wherein it was recited and declared that said alleged articles never in fact had existed but were in said indre of nineteenth April one thousand eight hundred and nineteen undertaken by mistake and for misconception recited to have existed
and whereby the said Roger North by force and virtue and in exercise and execution of the said power and authority to him the said Roger North for that purpose reserved and given by the said indenture of the nineteenth April one thousand eight hundred and nineteen and every part thereof and all and every the uses trusts obligations and limitations therein expressed and declared of and concerning the said lands of Clonfad
and did give grant sell assign transfer and make over unto the said Robert Staples Swift his exers admors and assigns the aforesaid part of the said town and lands of Clonfad bounded and described as therein mentd to hold unto the said Robert Staples Swift his exors admrs and assigns upon trust however to and for the sale use and benefit of the said Peter North his exors admrs and assigns
and after further reciting that the said Roger North had since died leaving the said Barbara North the elder his widow him surviving
and further reciting there has not been any issue after the marriage between the said Robert Staples Swift and the said Caroline Swift orse North his wife one of the daughters of the said Peter North in said deed named
and that the said Barbara North the younger the other daughter of said Peter North in said deed named had never been married
and further reciting that the said Barbara North the elder Robt Staples Swift and Caroline his wife and Barbara North the younger satisfied that no such article as those recited and alledged [sic] in the said indenture of the nineteenth April one thousand eight hundred and nineteen ever existed but that same was so alledged and recited in said last mentioned indenture to give a colour to the trust conveyance or assignment thereby professed to be made
and that said indenture of nineteenth April one thousand eight hundred and nineteen was so executed by the said Roger North without the knowledge or privity of the said Peter North & was designed and intended by the said Roger North as a cover or protection against the creditors of him the said Roger North or any proceedings on their part against the said lands
the said indenture or which this is a memorial witnessed that
in order to quiet and establish the right of the said lands of Clonfad notwithstanding the said alledged articles and the execution of said indenture of the nineteenth day of April one thousand eight hundred and nineteen and for the consons therein mentioned
they the said Barbara North the elder Robert Staples Swift and Caroline Swift orse North his wife and Barbara North the younger
did thereby absolutely and forever disclaim and renounce all or any estate right title or interest whatsoever either at law or in equity of into or out of or respecting the said lands of Clonfad or any part thereof under or by virtue of the said alledged articles or the said indenture of the nineteenth day of April one thousand eight hundred and nineteen or either of them or otherwise howsoever
and did thereby remise release and forever quit claim unto
all that and those the aforesaid part of the said lands of Clonfad on the right hand side of the road leading from T’pass to Mullingar contg one hundred and sixty eight acres or thereabouts with the bogs and commonage thereunto belonging situate in the parish of Clonfad and county of W’meath and with the appurts and all the estate right title and interest use trust property claim and demand whatsoever both at law and in equity of the them the said Barbara North the elder Robt Staples Swift and Caroline his wife and Barbara North the younger of unto out of or respecting the same
to the use and behoof of him the said Peter North his exors amors and assigns
and the same indenture ………………
Incomplete. Transcribed by Cyril North (email 24 Jan 2009)