Deed 1845 13 39 in the Registry of Deeds
Transcription:
A memorial of an indented deed of marre settlement bearing date the sixth day of August in the year of our Lord 1845 and made between
David North of Russell Place in the cy of Dublin esq of the first part
Cathe North wife of said David North of the second part
John Roger North of Great Chas St in the city of Dublin esq of the 3rd part
Emily Emerson of Charlemont Mall in sd city widow of the fourth part
Elizth Emerson of Charlemont Mall afsd spinster daŭr of sd Emily Emerson and Horatio Emerson late of the city of Dublin esq deceased of the fifth part
John Emerson of Charlemont Mall afsd only son of the said Horatio and Emily Emerson and the brother of the said Elizth Emerson of the sixth part
and Robt Mulock of Charlemont St in sd city and Isaac Bomford North of Russell Place afsd esqr of the seventh part
whereby
after reciting a certain indre of release bearing date the 17th May 1821 made between Richd Molesworth Reynell esqr of the one part and David North of the other part
and a renewal thereof bearing date the 8th October 1842 made between Ponsonby Moore esq of the first part Cathe Reynell widow and Elizth Cathe Reynell spinster of the second part and said David North of the third part
and reciting amongst several other matters and things that a marre was intended to be shortly had and solemnized between the sd John Roger North and Elizth Emerson
and that said Emily Emerson had invested the sum of one thousand three hundred and eighty four pounds twelve shillings and four pence in the purchase of one thousand four hundred and five pounds fourteen shillings Government Threepercent Consols* which had been transferred in the books of the governor and Company of the Bank of Ireland to the names of said Robt Mulock and Isaac Bomford North
and that she had also paid to said John Roger North the sum of one thousand pounds stg
It was witnessed that in pursuance and performance of the agreement therein recited and for and in cońson of said intended marriage and of said sum of one thousand pounds so paid to said John Roger North and of said transfer of Government stock and the settlement therein after made of the lands of Clonkeen by said Emily Emerson and for the other cońsns therein mentioned and in payment of such power and authority by him thereunto enabling
he the said David North did grant bargain sell alien release and confirm unto the sd Robt Mulock and Isaac Bomford North an to their heirs and assigns all that and those that part of the lands of the West now in the possion of sd David North or his descendants under and by virtue of the said lease and renewal thereof contg by Danl Geraghtey’s survey thereof sixty one acres one rood and five perches Irish plantation measure bounded on the north by the road leading from Tyrrelspass to Castlelost on the south by Oldtown on the east by Castlelost afsd and on the east by the widow Dunnes part of said lands of the West with a sufficiency of turfarry in the bog of Kilbrennan for the use of said prem…ats in proportion to the extent of the farm and extent and quality of sd bog and the rights of sd Ponsonby Moores’ other tenants in said bog situate lying and being in the By of Fartullagh and coy of Westmeath
execepting and reserving as in the said recited release of 17th of May 1821 and renewal of 8th October 1842 is excepted and reserved
To hold & except as before excepted unto and to the use of said Robt Mulock and Isaac Bomford North their heirs and assigns from thenceforth for and during the natural life and lives of the said Cathe North John Roger North and Roger Robt North being the cestui** and who was named in said recited indre of renewal and the survivors and survr of them and the lives of such other persons as should for and thereafter be added to the term of afsd demise by virtue of the covenants for perpetual renewal in the said indres of release and renewal contained subject to the covenants agreements and such therein mentioned
but to the uses trust and purposes and subject to the provisos limitations therein declared concerning the same
that is to say
to the use of sd David North until solemnization of said intended marre
and from and after the solemnization thereof then upon trust during the continuance of the trust estate thereby created to pay the rent free farm the covenants and renew the therein recited indre of lease as therein mentioned and subject thereto upon trust for the said David North and his assigns for and during the term of his natural life without impeachment of waste
and after the decease of said David North upon trust for said Cathe North if she should survive sd David North and her assigns for her life without impeachment of waste
and after the decease of said Cathe North upon trust for said John Roger North and his assigns for and during his natural life or until he should commit an act of bankruptcy within the meaning of the statutes made or to be made in relation to bankrupts traders or others whereon a commission should issue or he should be forced or declared a bankrupt or until he should make any composition*** with his creditors or any assignment of his effects for the benefit of his creditors or until he should take or seek the benefit of any statute made or to be made for the relief of insolvent debtors whichever should first happen without impeachment of waste
and after the decease of said John Roger North or his committing any act of bankruptcy or being found or declared a bankrupt or making any such composition or assignment for taking or seeking the benefit of the statute for the relief of insolvent debtors as afsd then upon trust for the sd Elizth Emerson and her assigns for the term of her natural life without impeachment of waste
and after the decease of the successors of them the said David North Cathe North John Roger North and Elizth Emerson or the decease of the survivor or these said David North Cathe North and Elizth Emerson and the committing of any acts of bankruptcy of said John Roger North or his being found or declared a bankrupt as afsd or his making any such composition or assignment or taking or seeking the benefit of the acts for relief of insolvent debtors as afsd
then upon trust for all and every soul one or more of the children or child of said John Roger North by the sd Elizth Emerson with such provision for means to survive at such ages or times for such estates in such shares absolutely or conditionally and subject to such charges conditions limitations and restrictions as the sd John Roger North should by any deed or instrument in writing or by his last will and testament or any codicil thereto duly attested direct limit or appoint
and in default of such appointment then as the said Elizth Emerson by any deed or instrument in writing if she should survive the said John Roger North or by her last will and testament in writing duly attested should in recorded deed with like power should limit and appoint
and in default of such appointment then upon trust for the first and other son and daŭrs [?sons] of sd John Roger North on the body of sd Elizth Emerson lawfully to be begotten severally and successively and in remainder and the several and respective heirs
and for default of such issue upon trust for all and every the daŭr and daŭrs of said John Roger North and Elizth Emerson share and share alike as tenants in common and their respective heirs with right of survivorship in case of any of such daŭrs dying without lawful issue and if but one then for such one only daŭr and the heirs of her body and for default of such issue then upon trust to convey the same to the right heirs of the said David North or to such person or persons as he should by deed or will duly executed direct limit or appoint
and it was further witnessed that in considn of said intended marriage and of the provision thereby made by said David North for said John Roger North and Elizth Emerson and for the other considns therein mentioned
she the said Emily Emerson did give grant bargain sell assign transfer and make over replace and confirm unto the said Robt Mulock and Isaac Bomford North and to their heirs all that and those that part and parcel of the town and lands of the Island or se Clonkeen or se Castletown …… John Mulock’s property thereof and formerly in the passion of Wm Bermingham Michel Nowlan John Mullin and Bryan Hanlon esqr with the severall callows formerly in the possion of Wm Donoghue joining Michell Wetherall’s ground contg in the whole seventy eight acres or thereabouts be the same more or less or whatever else the contents thereof might be with the bog thereunto belonging and which said premises were formerly held and enjoyed by Elizth Mulock or those deriving under her and part whereof is described and known as the Swangs of Killy Patrick and whether the said several premises then were or thentofore had been known by the several denominations afsd or by whatever other denominations or such denominations the same or any of them were or had been known and all houses gardens bogs commons waters privileges and appurs whatsoever to said towns lands and …. belonging or appertaining and the revenues remainders yearly and other the rents and profits thereof in as full and ample a manner as the same were conveyed to her the sd Emily Emerson by indre bearing date the 17th October 1837 by Wm Rae and others subject …. to the fee farm grant bearing date the 17th day of October 1837 and therein recited made the said Robt Mulock afsd part of said lands all which …. ……. …. lying and being in the bay of Ballycowan in the King’s coy
to hold with these appurts unto the said Robt Mulock an Isaac Bomford North and their heirs to the uses and upon and for the trusts and purposes therein expressed and declared
that is to say to the use of the sd Emily Emerson and her assigns for and during the term of her natural life with impeachment afsd for any manner of waste
and after the decease of said Emily Emerson to the use of said John Roger North and his assigns for his natural life or until he should commit any acts of bankruptcy or … to any composition with his creditors or making any assignment of his effects for the benefit of his creditors or take or seek the benefit of any statute for the relief of insolvent debtors whichever should first happen …. …… ……. ……….
and after the decease of the said John Roger North or his committing any act of bankruptcy or being found or declared a bankrupt making such composition or assignment or seeking or taking the benefit of any statute for relief or insolvent debtors as afsd then to the use of sd Elizth Emerson in case she should be then living and her assigns for her natural life without impeachment
and after the decease of the survivor of them the said Emily Emerson John Roger North and Elizth Emerson or the decease of sd Emily and Elizth Emerson and the committing such act of bankruptcy by said John Roger North of his being found or declared a bankrupt or his making any such composition or assignment or taking or seeking the benefit of …. for the relief or insolvent debtors as afsd then to the use of the issue of said intended marriage in such shares with such limitations and remainders and subject to such and the same powers of appointment conditions and restrictions and to the intents and purposes as are therein after declared of and concerning the sd lands of the …
and in default of issue as in said deed mentioned to the use of said John Emerson .. thereto his heirs and assigns forever
and said indre further witnessed that they the … John and Elith Emerson for the consońs afsd and each of them according to his estate and intent therein did grant bargain sell assign transfer and make over unto the said Robt Mulock and Isaac Bomford North all that and those the charge or sum therein mentioned of six hundred and sixty six pounds thirteen shillings and four pence late currency of Ireland being equivalent to the sum of six hundred and fifteen pounds seven shillings and eight pence present currency affecting the lands of Tear in the coy of Westmeath
and the other estates of Henry Pilkington esqr of Toar afsd made a certain indre of settlement …… bearing date the 9th December 1797
to hold to the said Robt Mulock and Isaac Bomford North their exors admors and assigns as his and their goods and chattels forever upon the trusts and purposes therein declared
and as to sd sum of six hundred and sixty six pounds thirteen shillings and four pence late currency and said sum of one thousand three hundred and eighty four pounds twelve shillings and four pence so invested in Government Threepercent Consols it was declared and agreed that same had been assigned and transferred to said Robt Mulock and Isaac Bomford North upon trust to pay over the interest dividends annual proceeds of said trust moneys stocks funds or securities unto said John Roger North and his assigns for his life or until he should in any manner part with the income of the same or commit an act of bankruptcy or take the benefit of any act for relief of insolvent debtors or such income should be by his act vested in any other person
and after the determination of the interest strictly limited to sd John Roger North upon trust to pay over said interest dividend and annual proceeds to said Elizth Emerson and her assigns
and after the decease of said John Roger North and Elizth Emerson or the decease of sd Elizth and the determination of the interest thereby limited to said John Roger North then in case there should be one or more child or children of sd marriage the trustee or trustees for the time being should stand possed of and interested in said trust funds monies and securities upon trust funds monies and securities [sic] upon trust for the children of said marre as said John Roger North should by deed or will devise and appoint and in default of such appointment as said Elizth Emerson should by deed or will direct bind & appoint and in default of such appointment or so far as same should not extend upon trust to pay said trust monies funds and securities and in case there should be no child of said John Roger North by said Elizth Emerson or no child who should attain the age or time therein provided for vesting said trust living and that then the trustees should pay over assign transfer and secure all said trust monies stocks funds and securities dividends interests and proceeds unto such persons in such … manner and from and for such purposes as said John Roger North by deed or will should direct or appoint and in default of such direction or appointment in trust for the next of kin of said John Roger North as therein witnessed
and said deed contains provisos
for calling in said trust funds and reinvesting same in government securities or in mortgage or purchase of annuities or in purchases of property as therein mentioned
and for change of an appointment of new trustees and covenants on the part of said David North and Emily Emerson
for good title to by and free from incumbrances
and for further assurance and a declaration that the provisions thereby made or directed for said Elizth Emerson should be in lieu of …….. and at common law otherwise
and as to the exn of said indre and this memorial by the said David North Emily Emerson John Roger North and Elizth Emerson and said indre by said Cathe North Robt Mulock and Isaac Bomford North the same are witnessed by Wm Gibson of the city of Dublin esq … and John Stone of sd city afsd
David North (seal)
J North (seal)
Emily Emerson (seal)
Elizth Emerson(seal)
Signed and sealed by the said David North Emily Emerson John Roger North and Elizth Emerson in presence of Wm Gibson, John Stone
………………….etc
Sworn before me this 7th day of August 1845
Morgan O’Connell A R
* Consolidated government securities
** Legal [latin] word for “the person who”
*** Composition = settlement of a debt or liability by mutual arrangement
(CN email 3 Jul 2009; 8 Sep 2009)