Deed 1905 79 24 in the Registry of Deeds

Transcript:

(paragraphs and commas added)

A memorial of an indenture made the 16^th day of September one thousand nine hundred and five between

Maria Katherine North of Moyally Moate County Westmeath

Joseph Roger North of 84 Ballybough Road Dublin

Emily Caroline North Of 32 Kenilworth Square Dublin

Florence Isabel North of Moyally Moate County Westmeath

Edith Mabel North of 59 Pembroke Road Dublin and

Richard Somers North of Moyally Moate County Westmeath

hereinafter called the mortgagors, of the one part

and George Carr Lett solicitor of 43 Dame street in the city of Dublin

and Amelia Elizabeth Lett wife of the said George Carr Lett

thereinafter called the mortgagees, of the other part

after reciting that the mortgagor being six of the children of the marriage of Joseph Pim North with Jeannette Gertrude Somers were entitled to an undivided eight ninths of the lands of Ballinderry Big

and reciting an agreement by the mortgagees to lend the mortgagors the sum of seven hundred pounds out of moneys belonging to the mortgagors [mortgagees?] upon a joint account

it was witnessed that in consideration of the of the sum of seven hundred pounds paid to the mortgagors by the mortgagees, the receipt whereof was thereby acknowledged /

the said mortgagors thereby jointly and severally covenant with the said mortgagees for repayment of the said sum of seven hundred pounds with interest in the meantime at six per cent per annum

and said Indenture also witnessed that the said mortgagors as beneficial owners and each of them did thereby grant unto the said mortgagees all that undivided seven ninths of and in that part of the town and lands of Ballinderry Big situated in the Barony of Moycashel and county of Westmeath containing 407 acres 2 roods 9 perches statute measure or thereabouts granted to the said John Richard Somers by Landed Estates Court conveyance dated the 10^th December 1863 and described in the map annexed thereto

and that part of the Town and Lands of Ballinderry Big situated in the Barony of Moycashel and County of Westmeath containing 56 acres 1 rood and 16 perches statute measure or thereabouts granted to the said John Richard Somers by Landed Estates Court conveyance of 10^th December 1863 and described in the map annexed thereto

to hold the same unto and to the use of the said mortgages their heirs and assigns

subject to a mortgage dated 22^nd June 1866 and made between John Richard Somers of the one part and Thomas Arthur and William John Slade Foster on the other part for receiving the sum of £3,000 and interest and subject to the proviso for the redemption

and as to the due execution thereof by Maria Katherine North, Joseph Roger North, Emily Caroline North, Florence Isabel North, Edith Mabel North, Richard Somers North same were witnessed by Kathleen O’Carroll, Law Typist, 43 Dame St Dublin, & Geo W^m Eyre, Law Clerk, 46 Botanic Avenue, Drumcondra, Dublin      

Maria Katherine North [seal]

Joseph Roger North [seal]

Emily Caroline North [seal]

Florence Isabel North [seal]

Edith Mabel North [seal]

Richard Somers North [seal]

signed and sealed by the said Maria Katherine North, Joseph Roger North, Emily Caroline North, Florence Isabel North, Edith Mabel North, Richard Somers North in presence of Ge^o W^m Eyre 46 Botanic Ave Drumcondra Dublin Law Clerk, Kathleen O’Carroll 43 Dame St Dublin

the within named George William Eyre maketh oath and saith the he is a subscribing witness to the Indenture of which the within writing is a memorial and also to the within memorial itself saith he saw said Indenture and within memorial respectively duly executed by the within named Maria Katherine North, Joseph Roger North, Emily Caroline North, Florence Isabel North, Edith Mabel North and Richard Somers North and saith that the name George William Eyre subscribed as a witness to said Indenture and within memorial respectively is this deponent’s proper name and hand writing

Geo Wm Eyre

sworn before me at No 43 Dame St Dublin  this 18^th day of September 1905

a commissioner for administering oaths for the Supreme Court of Judicature and I know deponent

Alex Bell

Notes

Ballinderry Big is about 10 miles from Moyally, very close to Kilbeggan, to the South of the Dublin road. 

The six mortgagors collectively were 'entitled to', or were 'beneficial owners' of, an undivided [i.e. were joint tenants, rather than tenants in common in equal shares] 7, or 8 [respectively: both numbers are included in the memorial of the deed], ninths of Ballinderry Big in 1905.  How did those shares come about?  Joseph Pim North survived his wife and died in 1890.  At that stage, two of his 12 children had died: David in 1871, and Samuel in 1882.  One might assume the land was divided among his remaining 10 children.  Jeanette died in 1898 and perhaps her share was divided among the remaining children, to make the 9 shares of the deed.  Alice died in 1903, and perhaps her affairs were not yet settled: if Alice's share had been divided among the remaining children, there should have been only 8 shares in the land, not nine.  Use of the adjective 'beneficial' in relation to the owners of 7 of the shares suggests that the six children were acting as trustees in relation to one or more of the 7 shares.  In relation to the 7th share they were the ultimate (beneficial) owners; but in relation to the 8th share perhaps they were not the beneficial owners and were entitled to it only in trust, wholly or partly on behalf of one of the two other sisters and did not have the right to transfer it to the mortgagees; while they were not entitled to the 9th share at all.  Perhaps the 7th share was Elizabeth's and she had agreed to transfer it to them.  There is a burial record for a Lily North of Moyally who was buried on 1 Dec 1896 aged 19: Lily was Elizabeth (CN email 17 Apr 2009), and perhaps the other children became entitled in equal shares to her share.  Perhaps the 8th share was Alice's estate's share, to which Eleanor was beneficially entitled to a part as a beneficiary under the will; perhaps the 9th share was Eleanor's.  EN comments: 'It is interesting that Nellie [Eleanor] was omitted from this deed as she was still in U.K.'  As Eleanor's descendents in Montreal have a record of a dispute between Eleanor and her siblings regarding her inheritance, it seems likely that it was her share that was not included in the mortgage.

Alternatively, the seven may just be a mistake.

(CN emails 19 & 21 Mar 2009)