[In margin:] Coveny to Morley and another Registered the 17th day of November 1740 at 11 o’Clock in the fore Noon
No. 70080 To the Register appointed for registering Deeds and so forth
A Memorial of an Indenture of Lease bearing date the Twenty Eighth of November One Thousand seven hundred and thirty nine made between Daniel Coveny of Ballingarry in the County of Cork Gentleman of the One part and Robert Morley of Garranagoleen and Achilles Daunt of Tracton Abby in the said County Gentleman of the other part and also of an Indented Deed Tripartite of release nearing date the Twenty ninth day of November aforesaid made between the said Daniel Coveny of the first part Richard Beamish of Ballyverrane in said County Gentleman and Margaret Beamish otherwise Coveny his wife of the second part and the said Robert Morley and Achilles Daunt of the Third part By which said Indented Deed Tripartite after reciting as therein is recited the said Daniel Coveny in Consideration of the sum of five shillings sterling to him in hand paid by the said Robert Morley and Achilles Daunt and others the Conditions in the said Deed mentioned Did Grant Bargain sell release confirm Assign and make over unto the said Robert Morley and Achilles Daunt and to their Heires and Assignees All that and those the Plow Land of East Ballingarry the half plow Land of Ballyhunsen alias Ballyhensan with the Closes of Ballyfeard situate and being in the barony of Kinalea and County of Cork with the Appendeces and Appurtenances thereunto belonging To hold the said Lands Closes and premises with their Appurtenances unto the said Robert Morley and Achilles Daunt their Heires and Assignees for and during the Lives of William Howse George Howse and Thomas Lucas son of Jasper Lucas and the Lives and Life of the Survivors or Survivor or longest Liver of them and of any other Life or Lives there¬after and thereinafter to be Added by Virtue of the Covenant of renewals contained in a Lease made of said premises by George Howse to said Daniel Coveny subject to the rents and Covenants in said Indenture of Lease mentioned To the several Uses Upon the Trusts and subject to the Charges provisoes Limitations and Agreements in said Indenture Tripartite aforesaid Limited and Declared As for and concerning the said plow Land of Ballingarry In Trust to permit and suffer the said Richard Beamish and Margaret his Wife and their Assignees during the natural life of the said Mar¬garet to hold and enjoy the Same or to receive the rent issues and profits thereof subject to the yearly rent of Thirty one pounds ten shillings Sterling and as for the half plowland of Ballyhunsen alias Ballyhensan with the Closes of Ballyfeard in Trust to permit the said Daniel Coveny of the Lands aforesaid to hold and enjoy or to receive the rents issues and profits thereof during his natural life subject to the yearly rent of Twenty pounds ten shillings Sterling and after the decease of the said Margaret to permit the said Daniel Coveny and his assignees to hold and enjoy the said East Plowland of Ballingarry with its appurtenances during his natural life or to receive the rents Issue and Profits thereof and after the deaths of the said Margaret Beamish and Daniel Coveny to permit the first son of the said Daniel Coveny lawfully begotten or to be begotten to hold and enjoy the said several lands and premises or to receive the Rents Issues and profits thereof until his arrival at the age of Twenty One Years and after he shall arrive at the said age to permit him his Heires aforesaid to hold and enjoy the same or to receive and take the Rents Issues and profits there¬of for and during the remainder of the said Term and all renewals thereof And if such first son shall die before he shall come to the said Age of Twenty one years Then to permit the second Son of the Body of the said Daniel lawfully begotten or to be begotten to hold and enjoy the same or to receive the rents Issues and profits thereof until he shall arrive at the age of Twenty one years and after he shall arrive at the said age to permit him and his Heires as aforesaid to hold and enjoy the same or to take and receive the Rents Issues and profits thereof for and during the remainder and continuance of said Term and all renewals thereof and if such second son shall die before he shall come to the age of Twenty one years then to permit and suffer the third fourth fifth sixth seventh and all and every other son and sons of the Body of the said Daniel Coveny lawfully to be begotten severally and respectively one after another as they shall be in seniority of Age and priority of Birth in like manner to hold and enjoy and to receive and take the rents Issues and profits of the said premise until their respective ages of Twenty one years and after that to hold and enjoy and receive and take the rents Issues and profits thereof during the remainder of the Continuance of said Term and Estate and all renewals thereof the Eldest of such son and sons always to take place and be preferred before the younger of such son and sons And in case the said Daniel Coveny shall die without leaving any such son who shall survive the said age of 21 years then to the use of the daughter or daughters of the said Daniel Coveny lawfully to be begotten until they or either of them shall attain the age of Twenty one years and after that to permit and suffer the said daughter or daughters to hold enjoy or receive and take the rents Issues and profits of said premises during the remainder and continuance of the said Term or Estate and all renewals thereof If but one such daughter then all the said premises to such one daughter But if more than one to be equally divided between them share and share alike and to hold the same as Tenants in Common and not as joint Tenants And in case the said Daniel Coveny shall Die without leaving any child or children by him lawfully begotten either male or female who shall attain to the age of Twenty one years Then in Trust to suffer and permit the Heires Males or such person as in case of an Inheritance would be Heir male of the Body of the said Daniel Coveny to hold and enjoy or receive and take the rents Issues and profits of said Lands and premises during the remainder and Continuance of said Term ?(be effected) and all Renewals thereof and several other uses and upon others the Trusts and subject to other the provisoes Limitations and Agreements in said Indented Deed Tripartite expressed which said Indenture of Lease is Witnessed by Jasper Lucas of Maulmacredmond and William Austin of Lislevane both in the County of Cork, Gent. and Francis Daunt of Ballingarry and William Daunt of Tracton Abby both in the County of Cork Gentlemen and this Memorial is Witnessed by the said Jasper Lucas and Thomas Lucas son of said Jasper Lucas The above named Jasper Lucas maketh Oath that he Saw the above named Daniel Coveny duly Seal and Execute the above mentioned Lease and also Saw him and the above named Richard Beamish and Margaret Beamish and Robert Morley duly Seal and Execute the above mentioned Release of which Lease and release the above writing is a Memorial and also saw the said Daniel Coveny Sign and Seal the said Memorial and that this Deponent is a subscribing Witness to the said Lease release and Memorial Jasper Lucas sworn before me at Cloghnakilty in the County of Cork this 5th day of February 1739 by Virtue of a Commission forth of his Majesties Court of Exchequer in Ireland for taking Affidavits to me directed and I know the Deponent Thomas Barfield Justices present Robert Gookin Robert Atkins
Transcribed with abbreviations spelled out and some punctuation supplied by Deirdre Blunt.
Notes (by Frank Thompson):
Tracton Abby = The Daunts’ estate included the lands of the former Cistercian Abbey of Tracton. Parts of the abbey buildings were included in their residence, which has long since vanished.
Balligarry (East, Middle, West) = townlands in Ballyfeard civil parish.
Garranagoleen = apparently the townland of that name in Kilkerranmore civil parish (Clonakilty).
Ballyverrane = apparently the townland of Ballyvirreen in Ross[carbery] civil parish.
Ballyhensan/Ballyhunsan = Ballyhamsane, as spelt by the Ordnance Survey.
Cloghnakilty = now spelt Clonakilty.
Witnesses: Barfields and Gookins of County Cork were substantial colonists of Virginia a generation or two earlier.