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Registry of Deeds Index Project — Memorial Transcription

Memorial Number: 49993
Volume: 73
Page: 103

Transcript of photocopy of original Deed (19 Oct 2006)

To the Register Appointed by Act of Parliament for Registring Deeds Conveyances Wills &c In Dublin

A Memorial of a Marriage Settlement Tripartite by Lease and Release the Lease Dated the Twelfth Day of June the Release Dated the Thirteenth Day of June Aforesí d in the Year of our Lord One Thousand Seven Hundred & Thirty two Between George Stawell of Balliviniter in the County of Corke Gentl and Anne Stawell Wife of the said George and Anthony Stawell Eldest Son & Heir of the said George & Ann of the first Parte the Reveríd Thomas Cooper of Castle Towne in the County of Corke aforesíd and the Reverend Nicholas Quaytrod of Mallow in said County Clke of the Second Parte Mary Cooper Daughter of the said Thomas Cooper Spinster of the third Parte. Reciting that for & in the Considín of a Marriage to be had between the said Anthony Stawell & Mary Cooper & also for & in the other Considíns in said Deeds of Lease & Release Sett forth the said George Stawell Anne Stawell and Anthony Stawell did for them & each of them Grant Bargain & Sell Remise Release & Confirm unto the said Thomas Cooper & Nicholas Quaytrod their Heirs & Assigns in their actuall possession by Virtue of a Bargain & Sale to them thereof made by the said George Stawell Anne Stawell & Anthony Stawell for one whole Year by Indenture bearing date the said twelfth Day of June in the year aforesí d & for transferring uses and possession the three Plowlands of Upper Balliviniter Lower Balliviniter Ballylought & Glynn Containing by Estimation ffifteen hundred Acres English Measure more or Less Situate & being in the Parish of Mallow Barony of Fermoy & County of Corke aforesí d in the possession and occupation of sd George Stawell & his Undertenants together with all the Rights Members & Appurtenances to the said three Plowlands Any or Either of them belonging or in any wise appertaining To Hold said three Plowlands & premises with every of their Appurtenances unto the said Thomas Cooper and Nicholas Quaytrod their Heires and Assignes for Ever to the severall uses Intents trusts & Purposes in said Deeds for that Purpose Mentioníd Limitted & Expressed. That is to Say to the Use of said George Stawell his Heires & Assignes until said Marriage shall take Effect And from & after ye Solemnizatín of said Marriage as to one of said Plowlands Comonly known by the name of the Upper Plowland of Balliviniter to the use of the said Anthony Stawell and his Assignes for the Term of Ninety Nine Years if said Anthony should so long Live And from and after the Expiratí n of said Term then to the Use In trust that said Mary Cooper & her Assignes shoud take & Receive out of said Upper Plowland of Balliviniter Yearly during her Natural Life the Rent or Sume of Eighty Pounds Ster payable upon the first Day of May & ye first Day of Novembír in every year in Lien & full Satisfaction of Dower or thirds which the said Mary may Claim att Comon Law with a Power to the said Mary & her Assignes in Case said Eighty Pounds or any Parte thereof shoud be behind & unpaid In Twenty One days after the Same shoud become payable to Enter into said Upper Plowland of Balliviniter & Distrain & the Distress therefound to Drive & Detain untill said Eighty Pounds & all Arrears thereof being fully Satisfyed & Paid And as to the other two Plowlands with their Appurtenances after said Marriage shall take Effect to the Use of said George Stawell & his Assignes for the Term of Ninety Nine Years if said George shoud so long live after ye Expiration of said Term then a Proviso is made for Anne Stawell Wife of said George during her Life of Forty Pounds p. Anno By way of Joynture & in lien? Of thirds or Dower that said Anne may Claim att Comon Law payable att the dayd & times unto ye sd Anne & her Assignes & in the Manner as in sd Deed of Release Mentioní d with the usuall Clauses for sd Anne & her Assignes to distrain & Enter into sd premises in Case sd annuity of forty Pounds or Any Parte thereof shoud be behind & unpaid in One & Twenty days after the same shoud become payable & after the Expiratín of said Term then to the Use of said Anthony for the Term of Ninety Nine Years if said Anthony shoud so long Live And as for & Concerning all & Singular said three Plowlands with all & every of their Appítenances from & after ye Expiratín of said Term of Ninety Nine Years Limitted to said Anthony Subject to said Rents of Eighty Pounds p. Anno & forty pounds p. Anno then to the Use of said Thomas Cooper & Nicholas Quaytrod & their Heires during the Life of said Anthony to pí serve the Contingent Remaindírs in said Deed of Release Mentiond Limitted & Expressed — to the first and every other Son and Sons of sd Anthony Stawell & Mary in Taile Male the Elder & his Heires Male to be píferred before the Younger Son & Sons & their Heires Male According to Seniority of Age & Priority of Birth & for want of such Issue Then to the Use of said Thomas Cooper & Nicholas Quaytrod their Exírs for ye term of five Hundred Years in Trust for the first & every other Son & Sons of the sd Anthony by any other Woman or Women to be begotten with several Remaindírs Over in default of Issue Male in said Anthony (viz)? Jonas Stawell second Son of sd George and Anne & the first & every other Son or Sons of his Body lawfully Issuing & for want of such Issue Remainder to Dodsworth Stawell third Son of the said George & Anne & the first & every other Son & Sons of his Body Lawfully Issuing with Remaindírs for want of such Issue to the Right Heires of the said George Stawell and further Reciting a Term of Five Hundred Years vested in said Thomas Cooper & Nicholas Quaytrod their Exírs and Admírs in trust to raise out of all & singular said three Plowlands and Portion or Portions for one or all Daughter or Daughters Of the said Anthony Stawell & Mary Cooper in Case they shoud have noe Son the Sume of ffifteen Hundred Pounds if they shoud have but one Daughter & if more than One Daughter & Noe Son then the Sume of Sixteen Hundred Pounds to be paid them settlement as in the manner And Upon the Conditions as in sd Deed of Release & Sett forth with a Power to said Anthony to Charge all or any of sd three Plowlands by his last Will & Testamít in Writing with any Sume not Exceeding One Thousand Pounds Ster as a provision for ... of said Anthony And Mary in Case they shoud Have a Son & Any Other Child or Children & alsoe Reciting a Power in said Anthony to Charge All or Any of said three Plowlands for the Use of Any Other Woman sd Anthony may Afterwards Marry with Any ... Eighty Pounds Ster And as a Joynture with a Power to sd George Stawell Anthony Stawell & other yr [younger?] Persons to whom Estates are Limitted in Remainder in said Deed to make Leases for thirty One Years or three Lives att ye full Improved Rent with the usual Covenants for the said George Stawell his Exírs & Admírs to Perfect further Assurances & ye said three Plowlands with all & every of their Rights Members & Appurtenancies are ffree & discharged from all Incumbrancies of what nature and kind soever as in sd Deed is ... said Deeds of Lease And Release were duly Executed in the presence of Andrew Ruddock of Wallstowne in the County of Corke Gentl George Green of Castle Towne Rock & James Daly of Balliviniter both in said County of Corke Yeoman Subscribing Witnesses to ye Same And the Witnesses to this Memorial and to the pífection thereof being the said James Daly and George FootSon of Killvalleton in sd County Gentl In Witness whereof the said An Athony Stawell hath hereunto Putt his Hand & Seal this Eighth Day of Jany 1732

[signed] Anthony Stawell

Being present att the Signing & Sealing sd Memorial
[signed ] James Daly
[signed] George Footson

The above named James Daly Make Oath that he saw the above Named George Stawell Ann Stawell and Anthony Stawell Thomas Cooper Nicholas Quaytrod and Mary Cooper duly Sign Seale and Execute the Above Mentioned tripartite Deeds of Lease and Release of which the Above Riting is a Memorial And that he Alsoe saw the said Anthony Stawell duly Sign And Seale the said Memorial And yt this Deponít is a Subscribing Witness to sd tripartite Deed and Memoriall

Justices present
[signed] John Dillon
[signed] John Wilsteed
[signed] James Daly

Latin text ď Mallow in County Corke 8 die January 1732
Virtute
DeponentĒ