Search billions of records on Ancestry.com
   
Fergusons of Westmeath

LDS Film 555213

File No 12, Memorial No 202
Ferguson and Smyths Marriage Settlment Regd 3rd May 1856 10 Minutes to 1 O'Clock

To the Registrar appointed by Act of Parliament for Recording Deeds Leases conveyances and soforth in Ireland.

A Memorial of a Deed of Marriage Settlement bearing date the Twenty second date of April One thousand Wight Hundred and fifty six and made between Jospeh Ferguson of Prospect Mullingar in the County of Westmeath Esquire MD of the first part. Chaworth Joseph Ferguson of lpeat Brunswick street in the City of Dublin Esquire Barrister at Law only son and heir apparent of said Joseph Ferguson of the second part. Anne ferguson otherwsie Browne wife of said Joseph Ferguson of the third part. The Reverend Thomas Smyth of ___ place Kingstown in the county of Dublin Clerk and Mary Anne Smyth Daughter of the said Reverend Thomas Smyth of the fourth part. The Reverend Samuel Ferguson of Claudia Terrace Kingstown in the county of Dublin Clerk and Thomas James Smyth of Ballynegall in the county of Westmeath Esquire of the fifth part. Whereby after reciting as therein stated and that a Marriage was intended to be shortly had and soleminized between the said Chaworth Joseph Ferguson and said Mary Ann Smyth And after reciting the agreement therein particularly mentioned and setforth said Deed Witnessed that in presence of such agreement and in consideration of the said intended marriage and of the sum of Ten shillings sterling by the said Samuel Ferguson and Thomas James Smyth in hand paid as therein mentioned the receipt whereof was thereby acknowledged He the said Joseph Ferguson did thereby grant and convey unto the said Samuel Ferguson and Thomas James Smyth their heirs and assigns All those the Town and lands of Mullincross in the Barony of Ardee and County of Louth containing One thousand and twenty two acres and twenty eight perches statute measure or there abouts with every the appurtenances whatsoever and all the estate right title interest claim and demand whatsoever of him the said Joseph Ferguson in to and upon the same premises To Hold the said lands and hereditaments unto the said Samuel Ferguson and Thomas James Smyth their heirs and assigns for Ever to and for the uses intents and purposes expressed of and declared of and concerning the same therein particularly mentioned And said Deed further Witnessed that in pursuance of said agreement and for the considerations aforesaid He the said Joseph Ferguson did thereby grant and convey unto the said Samuel Ferguson and thomas James Smyth their heirs and assigns All those the town and lands of Modiduff otherwise Moryduff otherwise Moddyniffe containing One Hindred and sixty acres one rood and five perches statute measure or thereabouts and situate in the Barony of Rathconrath and county of Westmeath together will all the appurtenances whatsoever to the said lands and premises appertaining and all the Estate right title and interest of him the said Joseph Ferguson in to and upon the same premises To Hold the said lands and heritaments Subject however to the therein before recited Indenture of Mortgage of the sixteenth day of December One thousand eight Hundred and fifty four unto the said Samuel Ferguson and Thomas James Smyth their heirs and assigns for ever to and for the uses intents and purposes therein after expresses of and concerning the same And said Deed further witnessed that in further pursuance of said therein recited agreement and for the consideration aforesaid He the said Joseph Ferguson did thereby grant convey unto the said Samuel Ferguson and Thomas James Smyth their heirs and assigns All those the part of the town and lands of Mosstown called or known by the name of Tinefeeragh otherwise Taughnaveragh containing Seventy five acres And also All that the part of the Town and lands of Mosstown called or known by the name of Cloneenroe otherwise Cloneen containing Twenty nine acres or thereabouts making together One Hundred and four acres late Irish plantation measure be the several admeasurements more or less and all other the lands tenements hereditaments and premises comprised in and demised or agreed to be demised by the therein before mentioned Articles of Agreement of the Nineteenth day of May One thousand Eight Hundred and three and Indenture of Lease or release of the third day of May One thousand eight hundred and twenty seven and every Renewal thereof all which said lands and premises are situate in the Barony of Rathconrath and county of Westmeath together with all the appurtenances whatsoever thereto belonging or in any wise appertaining to Hold the same unto the said Samuel Ferguson and Thomas James Smyth their heirs and assigns for and during the life and lives of Augustus Frederick Duke of Leinster Edward Casey and Her Royal Highness Victoria Mary Louisa Princess Royal of England and the survivor and survivors of therein and for and during the life and lives of such other person or persons as should from time to time for ever thereafter successively be added to the term granted by the original Indenture of the third of May One thousand eight hundred and twenty seven pursuant to the covenant for perpetual renewal therein contained or to be contained in any renewal or renewals thereof or for any term created by a Fee fa_n by and pursuant to the provisions of the Renewable Leasehold Conversion act Subject nevertheless to the payment of the rent and performance of all and every the convenants and agreements in and by the said Indenture of the Third of May One thousand and eight Hundred and Twenty seven removed and ___ and which on the Lesses part was or ought to be paid and performed To and for the several uses and Trusts intents and purposes therein after expressed of and concerning the same and it was by said Deed of which this is a Memorial provided and agreed by and between the parties thereto that it should be lawful for the said Joseph Ferguson during his life and after his decease for the said Chaworth Joseph Ferguson during his life and after his decease for the said Samuel Ferguson and Thomas James Smyth and the survivor of their and the Exors or Admons of such survivor during the minority of the person for the time being entitled in possession to the several lands hereditaments and premises thereby granted by Indenture to demise or lease all or every or any of the said lands hereditaments or premises mentioned to be thereby granted to any person or persons for any term or number of years not exceeding three lives or sixty one years in possession and not in reversion only may of future Interest so as upon every such lease there be reserved and made payable during the continuance thereof and to be incident to and go along with the reversion expectant on the same the best and most improved rent and rents that could be reasonably had and obtained for the same without taking any fine or foregift or other matter or thing in the nature of a fine and that so that none of the lessees to whom such leases should be made be by any clasue or word therein contained freed from impeachment of or made dispunishable for waste and so as in every such lease there be contained a clause ofne-entry in case the rent or rents tehreupon to be reserved be behind or unpaid by the space of twenty one days and so that the lessee or lessees to whom such lease or leases should be made as aforesaid did seal and deliver a counterpart or counterparts of said lease or leases And said Deed further Witnessed that in consideration of said intended marriage She the said Anne Ferguson otehrwise Browne did Grant and confirm unto the said Chaworth Joseph Ferguson and his assigns All and every the annual sum of fifty pounds sterling to be paid and payable half yearly on every first day of May and first day of November in every year during the life of the said Anne Ferguson otherwise Browne out of and from the Annuity of Three Hundred pounds to which the said Anne Ferguson otherwise Browne was entitled to her separate use as therein mentioned. To Hold receive take and enjoy the said sum of Fifty pounds yearly and all advantages and benefit therefrom unto the said Chaworth Joseph Ferguson his Exors admons and assigns during the life of said Anne Ferguson otherwise Browne as aforesaid and the said Anne Ferguson otherwise Browne did thereby covenant with the said Chaworth Joseph Ferguson his Exors Admons and assigns that she would well and truly pay or cause to be paid during the time of her life into the said Chaworth Jospeh Ferguson his Exors admons and assigns the yearly sum of Fifty pounds sterling to be paid and payable half yearly as aforesaid during the life of the said Anne Ferguson otherwise Browne without any deduction or abatement whatsoever out of and from the said Annuity or yearly sum of Three Hundred pounds to which the said Anne Ferguson was entitled for her life as therein mentioned And said Deed further Witnesses that in consideration of the said intended marriage and of the provisions therein before and therein after made and intended for the said Mary Anne Smyth in case of her surviving the said Chaworth Joseph Ferguson and of the provision therein before and therein after provided for the issue of said Marriage and also for and in consideration of the sum of Ten shillings sterling to the said Mary Anne Smyth in hand paid by the said Samuel Ferguson and Thomas James Smyth as therein mentioned the receipt whereof was thereby acknowledged She the said Mary Anne Smyth did grant bargain sell assign transfer and make over unto the said Samuel Ferguson and Thomas James Smyth their Exors Admons and assigns All that the sum of One thousand pounds appointed to the said Mary Anne Smyth by therein recited Deed poll of Appointment bearing date the day next before the day of the date of the Deed of which this is a Memorial together with all Interest to grow due thereon from the day of the soluminization of the said intended marriage and all _____ upon which the said ____ __ be invested and all the right ___ __ _____ __ whatever nature after the said Mary Anne Smyth or her Exors Admons __ _____ therein or any part thereof To Hold the said sum of One thousand pounds ___ ___ the said Samuel Ferguson and Thomas James Smyth and the ____ of them his Exors admons and assigns as his and their proper goods and chatells for any In trust ____ and to send for the ___ and intents and purposes therein after declared of ___ concerning the same And said Deed further Witnesses that for the considerations aforesaid and in for the pursuance and performance of the said therein recited agreement and also in consideration of the sum of Ten shillings to him the said Chaworth Joseph Ferguson gig Grant bargain sell assign transfer and __ ___ unto the said Samuel Ferguson and Thomas James Smyth their Exors admons and assigns All that the residue of the equal part share or interest of him the said Chaworth Joseph Ferguson of and in the produce of the the two Bonds of Two thousands pounds and Three thousand pounds mentioned and contained in the therein recited Indenture of Settlement of the Eighteenth day of November One thousand Eight Hundred and Twenty Eight after deducting thereout the sum of One thousand five hundred and Eight pounds therein mentioned and also all the Estate whether vested or contingent ___sionary or original accrued or otherwise to which the said Chaworth Joseph Freguson his Exors or admons ___ and by virtue of the therein recited Indenture of Settlement might become entitled to in the residue of the produce in amount of the said Bonds upon the decease of the said Joseph Ferguson and Anne Ferguson otherwise Browne his wife To Have hold receive take and enjoy the said residue of the said part or share of the the said Chaworth Joseph Ferguson of and in the amount and produce of the said two several Bonds as aforesid and all his the said Chaworth Joseph Ferguson Estate and Interest therein and other the premises therein before granted bargained sold assigned and confirmed and every part thereof unto the said Samuel Ferguson and Thomas James Smyth their Exors admons and assigns immediately from after and expectant upon the decease or other sooner determination of the Estates for life of the said Joseph Ferguson and Anne Ferguson otherwise Browne therein to and of their own proper use and benefit absolutely and for ever and it was thereby declared and agreed that the said Samuel Ferguson and Thomas James Smyth should obtain possessed of and interested in the residue of the said share of the said Chaworth Joseph Ferguson of and in the annual produce of the said two Bonds after deducting said sum of One thousand five hundred and Eighty pounds as aforesaid upon the like uses And subject to the like trusts intents and proposed as were therein before particularly asforesaid and declared of and concerning the said sum of One thousand pounds the portion of the said Mary Anne Smyth except that in case of the death of the said Mary Anne Smyth and failure of issue of the said marriage the residue of the said share of the said Chaworth Joseph Ferguson in the said Trust funds shall on the decease of the said mary Ann Symth without issue as aforesaid of the said Marriage go to and vest in the said Chaworth Joseph Ferguson his Exors and admons as his and their own proper yoods and Chattells for ever which said Deed and this Memorial as to the Execution thereof respectively by the said Joseph Ferguson Chaworth joseph Ferguson Anne Ferguson Thomas Smyth and Mary Anne Smyth are respectively witnessed by Thomas James Gibbons of Nesey Place Monkstown in the county of Dublin Esquire and Charles Gibbons Stannell of Lower Mount Street in the City of Dublin solicitor - Joseph Ferguson seal- Chaworth J Ferguson seal- Ann Ferguson seal- Thomas Smyth seal- Mary A Smyth seal- Signed and sealed in presence of Thomas James Gibbons Charles Gibbons Stannell The above named Charles Gibbons Stannel Maketh Oath and saith that he is a subscribing Witness to the Deed whereof the above writing is a Memorial and also to the said Memorial and saith he saw said Joseph Ferguson Chaworth joseph ferguson Anne Ferguson Thomas Smyth and Mary Ann Smyth duly sign seal and execute ___Deed ____ ______ ___ ---- and ___ the name Charles Gibbons Stanwell _______ __ _ ______ __ __ ___ ___ _____ is this Deponents proper name and his writing and that he ____ said Deed and Memorial to P Vincent FitzPatrick __ ___ __ Registrar at his office Kings Inn Henrietta street Dublin on Saturday the Third day of May One thousand Eight Hundred and fifty six at the hour of ten minutes to One oclock in the afternoon of said day Charles Gibbons Stannell Sworn before me this 3d day of May 1856 at the Registry Office Henrietta street in the city of Dublin R.V. FitzPatrick A.R. a true copy Thirty six folios George Macartney.


HomeHome BackBack