Deed 1839 15 189 in the Registry of Deeds
Transcript:
Memorial of an indented deed of marriage agreement made & duly executed the 7th day of August in the yr of our Lord one thousand eight hundred and thirty nine between
Roger North of Cappa in the coy of Galway esqr of the first part
Deborah North of Tyrrelspass in the coy of Westmeath spinster second daughter of John North deced of the second part and
David North of Fairview in the coy of Westmeath esqr and Isaac North Bomford of Ferrans in the the coy of Meath esqr of the third part
Whereby
after reciting among other things that a marriage is by the Lords permission intended to be shortly had & solemnized between the sd Roger North and Deborah North (parties thereto)
It was witnessed that the sd Roger North for & in conson of sd intended marriage & for the other consons therein mentd
granted bargained sold & assigned transferred made over unto the sd David North and Isaac North Bomford in their actual possession being by virtue of a bargain & sale and lease for a year therein recited all that and those one full annuity half part of the lower lands of Kilbride and Tonlegee situate lying and being in the Barony of Fartullagh & Co of Westmeath as devised [in 1757] by Thos Smith Esq deced to Wm North Esq deced & contains in the whole two hundred twenty three acres late Irish plantation measure be the same more or less together with all the rights encumbers & apprts thereunto belonging & all the estate right title interest use trust property claim & demand of him the sd Roger North to & in the same to hold unto the sd David North and Isaac North Bomford & to the survivor of them & the heirs & assigns of the sd survr for the live & lives of the sd . for whose lives sd lands were then or should be thereafter held by virtue of the lease of one thousand and seven hundred & fifty seven & the sevrl renewals thereof in sd deed mentd upon the trusts & for the purposes therein after mentd stated & expressed as to and concerning the same
that is to say upon trust after payment of the proportion of head rent to which sd land is liable to pay over the residue of the rents issues & profits thereof to the sd Roger North during his life
& after his decease to the sd Deborah North during her life in case she should happen to survive him
& after the death of the survr of them the sd Roger North and Deborah North to assign & convey the sd moiety or half part of the sd lands of Kilbride and Tonlegee to & amongst the issue of the intended marriage (if any) subject to the appointment & as in sd deed particularly mentd
And in case there should be no issue of sd intended marriage living at the time of the death of the survr of them the sd Roger North and Deborah North then to assign & convey the sd lands to the heirs & assigns of the sd Roger North
subject however to a sum not exceeding three hundred pounds stg with which it was thereby agreed & provided the sd Deborah North in case she survived her sd intended husband might & should be at liberty to charge & incumber the same by deed or will
& which sd deed contained amongst other covts of good title & further assurances on the part of the sd Roger North his exors admors & assigns & also covenants authorising the charge of trustees & also other provisions for the purpose of settling all the property of which he the sd Roger North .. seized & posessesd of the uses therein mentd
& as to the excor thereof & of this meml by the sd Roger North the same are witnessed by Nichs Pilkington of Tyrrells Pass in the Coy of Westmeath esq & by John N Pilkington of Tyrrrellspass in the Coy of Westmeath esqr
Roger North (seal)
signed sealed & delivered by Roger North in the presence of Nichs Pilkington John N Pilkington.
The within named Nicholas Pilkington esqr maketh oath & saith that he is a subscribing witness to and was present & saw the original deed of which ... writing is a memorial & also sd meml duly executed by the within named Roger . executing party thereto & saith that the name Nichs Pilkington subscribed as a witness to sd deed & meml is this deps proper name & hand writing
Nichs Pilkington
Sworn before me this sixth August 1839 at Mullingar in the coy of Westmeath by virtue of a commission to me directed for the . Court of Chancery in Ireland for taking affds in aforsd county and I know the deponent
Lee
Commissr