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Registry of Deeds Index Project — Memorial Transcription

Memorial Number: 588136
Volume: 889
Page: 136

To the Registrar...A memorial of an indented deed of marriage settlement bearing date the 24th day of October 1832 and made between Wm. Fishbourne the elder of Carlow in the Co. of Carlow Esq. Of the first part William Fishbourne the younger of Carlow in said County of Carlow Esq. Son of the said William Fishbourne the elder of the second part Francis Freeman the elder of Summer Hill in the King’s county Esq. And Anchoretta Freeman spinster daughter of said Francis Freeman of the third part William Fishbourne of Hollymount in the Queens’s Co. and Frances Freeman the younger of Summer Hill aforesaid Esquires of the fourth part. Whereby after reciting that by lease and release. the release bearing date the 23rd February 1738 Robert Burton therein named devised unto Joseph Ralph therein also named all that and those the fields commonly called Winnett’s Fields in the town of Carlow and county of Catherlough containing 15 acres plantation measure more or less measuring(?) and bounding as therein and hereinafter more particularly mentioned as also that plot situate in Dublin Street in said Town of Carlow commonly called Mary Wall’s Plot together with the back ground thereto belonging leading to Mass Lane in as ample manner (?) as Joseph Ralph held some of Smallman’s plot excluded to hold for the 3 lives therein named with covenant for perpetual renewal at the yearly rent of 18 pounds 3 shillings then currency and half a year’s rent renewal fine. And reciting that by renewal date 11th July 1832 Sir Charles Burton Bart. in whom the fee and inheritance of said premises had become vested did grant unto said William Fishbourne the elder ( in whom the interest of the said Joseph Ralph had become vested) and add and insert to said original demise the three lives therein named. And reciting that by lease dated 20th March 1740 John McCoy therein named demised unto William Sleator all that and those a small plot of land in the Green Lane near said Town of Carlow containing by estimate ¾ of an acre being part of the premises then known by the denomination of Winnett’s Fields to hold for the 3 lives named with covenant for perpetual renewal at the yearly rent of 2 pounds 10 shillings and half year’s rent renewal fine. And reciting that by lease dated 27th April 1786 James Mccoy eldest son and heir of said John McCoy demised unto William Fishbourne father of said William Fishbourne the elder party thereto all that and those the upper field commonly called the Barn field being part of Winnett’s Fields aforesaid containing by estimation 6 acres 3 roods and 10 perches to hold for the 3 lives therein named with covenant for perpetual renewal at the yearly rent of 3 pounds 10 shillings then currency per acre and one pound renewal fine. And reciting that the estate of said John and James McCoy under said indentures of 20th March 1740 and 27th April 1786 having become vested in Robert Cornwall and the interest of said Wm. Sleator and William Fishbourne having become vested in William Fishbourne the elder (party thereto) said Robert Cornwall by live renewals each dated 1st October 1810 did add and insert to said last mentioned demises 3 lives therein named. And reciting that by release dated 27th October 1787 Benedict Hamilton therein named demised unto said William Fishbourne father of said William Fishbourne the elder all that and those the lands situate in Tullow Street in the town and co. of Carlow commonly called and known by the name of the Eight Acres of Carlow measured(?) and bounded as therein as particularly mentioned. Also all that part of the plot in Tullow Street in the said County and Town of Carlow commonly called and known by the name of Mahers Plot then in the possession of said William Fishbourne as therein described saving a right of passage thro the gateway to William Bayly therein named and also all that plot on Tullow Street aforesaid in said Town and co. of Carlow commonly known by the name of Largons Plot then in possession of William Fishbourne to hold for 4 lives therein named and the survivor or 61 years from 29th September 1787 whichever should last longest at the yearly rent of 64 pounds then currency. And reciting that the interest of the lessee under said last indenture became vested in the said William Fishbourne the elder party thereto. And reciting that the fee and inheritance in said lands as also other premises in the Co. of Carlow called the Bridewell Mill were purchased by said William Fishbourne the elder under a decree of the Court of Chancery in Ireland and by lease and release the release dated 2nd July 1829 Henry Hamilton and the other parties therein named with the consent of Roderick Connor Esq. One of the Masters of said court did sell release and confirm unto the said William Fishbourne the elder all the lands and premises comprized in said indenture of 27th October 1787 by description of all those the said Eight Acres of Carlow in the Barony and county of Carlow comprising among others the plots in Tullow Street called Mahers Plot and Largons Plot held by lease by said William Fishbourne under said Benedict Hamilton to hold unto said William Fishbourne the elder his heirs and assigns forever subject to said lease of 27th October 1787 and another lease dated 1st August 1804 from said Benedict Hamilton and Edward Brewster to John Cullen. And the said parties to said deed now in recital under said Decree did further grant and confirm unto the said William Fishbourne the elder the mill called and known by the name of the Bridewell Mill situate in said Town Barony and county of Carlow to hold forever subject to an indenture of demise dated 25th January 1784 from James Hamilton to Thomas Delaney and to another indenture of demise dated 4th December 1818 from said Benedict Hamilton and Edward Brewster to Simon Clarke. And reciting that the interest of said Thomas Delaney under said lease had become vested in said William Fishbourne the elder prior to said assignment of 2nd July 1829 and reciting that by lease and release the release dated 10th August 1829 said William Fishbourne the elder granted unto said William Fishbourne the younger that part of the premises comprised in said last recited deed known by the name of the Bridewell Mill to hold forever. And reciting that by lease and release the release dated 22nd February 1750 William Cooper therein named demised unto Benjamin Fisher therein also named all that and those the town and lands of Ballymoyleran (called Springhill) containing 557 acres situate in the Barony of Slieve Marague and Queen’s Co. to hold for 3 lives therein with covenant for perpetual renewal and the yearly rent of 147 pounds 7 shillings and sixpence then currency and 28 pounds renewal fine. And reciting that said Benjamin Fisher died without issue and that under his will dated 18th June 1761 his 5 neices Francis Galbraith Elizabeth Wall Penelope Butler Dorothea Fisher and Mary Fisher became seized each of one fifth of said lands and premises. And reciting the marriage of said Mary Fisher with Major John Gardiner who died leaving 6 children: Thomas and Edmund Gardiner Mary wife of John White Anne (probably Catherine see below) wife of Rev. Hamilton Morgan and Elizabeth wife of said William Fishbourne the elder who became respectively entitled each to one sixth share of the one fifth share of their said mother. And reciting that the share of said Hamilton Morgan and Catherine(??)his wife became vested in William Fishbourne the elder and reciting that said Elizabeth Wall one other of said nieces died leaving 4 children: Edward and Benjamin Wall Elizabeth Carter wife of Andrew Carter and Frances Heydon wife of Michael Ryan Heydon who became entitled to one fourth share of their mother’s said one fifth share. And reciting that the interest of said Andrew and Elizabeth Carter in said lands afterwards became vested in said William Fishbourne the elder. And reciting that by lease and release the release dated 23rd October1832 said William Fishbourne the elder granted and confirmed unto said William Fishbourne the younger all that and those the said one undivided 6th part of the undivided fifth share of said town and lands to which said Hamilton Morgan and Catherine his wife were so entitled and also all that and those the said one undivided part of the undivided 5th share of said town and lands to which said Andrew and Elizabeth Carter were so entitled to hold for the lives of the ?? in said release of 22 February 1750 and the other lives that might be added therein subject to the proportion of the rent and renewal fines payable thereunder. And reciting that by lease and release the release dated 23 October 1832 and made between said William Fishbourne the elder of the first part the said William Fishbourne the younger of the second part the said William Fishbourne of Hollymount aforesaid and Samuel Elliott of Kilmeany in the Co. of Carlow Esq of the third and Joseph Fishbourne of Carlow in the Co. of Carlow Esq and Thomas Stoytt(?) of the Town of Carlow aforesaid Esq. Of the 4th part and Elizabeth Fishbourne wife of said William Fishbourne the elder of the 5th part said William Fishbourne the elder granted and confirmed unto said William Fishbourne of Hollymount and Samuel Elliott and to their heirs and assigns the therein and hereinbeforementioned fields commonly called Winnetts Fields situate near the Town of Carlow containing 15 acres and that plot situate in Dublin Street in said Town of Carlow commonly called Mary Walls plot with the back ground therein to belonging leading to Mass Lane all situate in the Co. of Carlow to hold for the lives of the (cestingue vies??) in the said indentures of release of 23rd February 1738 20 March 1740 and 27th April 1786 respectively contained and for such other lives as might thereafter be added. And also all that and those the Eight Acres of Carlow in the Barony and Co. of Carlow aforesaid comprising amongst others the plots in Tullow Street called Mahers Plot and Largons Plot to hold upon the trusts therein to the use of the said William Fishbourne the elder for life and after his decease in case said Elizabeth his wife survives ...? her to receive thereout an annuity of 80 pounds during her life and subject thereto three charges of one thousand pounds each for Anna Maria Fishbourne Frances Alicia Fishbourne and Sophia Jane Fishbourne daughters of said William Fishbourne the elder to ...? of William Fishbourne the younger. And reciting a marriage then intended to be had between the said William Fishbourne the younger and Anchoretta Freeman. And reciting the agreement made upon the treaty of said marriage said indenture witnessed that in consideration of said marriage and of 500 pounds part of the fortune of said Anchoretta in hand paid to said William Fishbourne and of the further sums one thousand pounds and 500 pounds the residue of said fortune secured by the bonds and warrents of said Frances Freeman the elder and Frances Freeman the younger and William Fishbourne the elder and William Fishbourne the younger granted bargained sold aliened(?) released and confirmed unto William Fishbourne and Francis Freeman the younger in their actual possession then being as therein recited and to their heirs and assigns all that and those the hereinbefore mentioned fields commonly called Winnett’s Fields situate near the Town of Carlow in the Barony and Co. of Carlow containing by estimation 15 acres plantation measure be the same more or less ? bounding on the east with Love Lane also called Green Lane on the north with Watson and Whelan’s field in the west with a back lane and on the south with the gardens belonging to Whelan and Graham as also the plot situate in Dublin Street in the Town of Carlow called Mary Wall’s plot together with the back ground thereunto belonging leading to Mass Lane situate in the Barony and co. of Carlow. And also all that and those the hereinbefore mentioned lands situate in Tullow Street in the Town of Carlow aforesaid called the part of the Eight Acres of Carlow comprising amongst others the plots in Tullow Street aforesaid commonly called Mahers Plot and Largans Plot and which were held by lease by William Fishbourne deceased under said Benedict Hamilton the elder and are situate in the town of Carlow Barony and county of Carlow aforesaid. And also all that and those the one undivided 6th part of the one undivided 5th part share or proportion of the said land and lands of Ballymoyleran otherwise Springhill situate lying and being in the Barony of Slievemarague and Queen’s Co. which the said Hamilton Morgan and Catherine his wife were as aforesaid formerly entitled and all that and those the said one undivided fourth part of the one other undivided fifth part or proportion of said and last mentioned town and lands to which the said Andrew Carter and Elizabeth his wife were aforesaid formerly entitled together with all deeds leases ...? into writings and evidences which in anywise relate to the said premises or any of them to hold said fields called Winnett’s Fields situate near the Town of Carlow and the plot in Dublin Street in the Town of Carlow called Mary Wall’s Plot with the back ground thereunto belonging and all other the plots of ground and premises in and near the Town of Carlow demised by said indentures of 22nd of February 1738 20 March 1740 and 27th April 1786 for the lives of the(??) in being and the other lives that might thereafter be added thereto subject to the rents thereout reserved. To hold said lands in Tullow Street in the town of Carlow called the Eight Acres of Carlow Barony and Co. Carlow comprizing amongst others the plots called Mayers and Largons plots for ever and to hold said mill known by the name of Bridewell Mill for ever and to hold said 6th part of one fifth part of said lands of Ballymoyleran otherwise Springhill to which said Hamilton Morgan and Catherine his wife were formerly entitled. And said 4th part of one 5th share of said last mentioned lands to which said Andrew Carter and Elizabeth his wife were formerly entitled for the lives of the (cestue quevies?) then in being thereof and the other lives thereafter to be added and subject to payment of the proportions of the rents in the leases thereof contained upon trust nevertheless and to and for the several uses intents and purposes therein mentioned expressed and contained of and concerning the same that is to say to the use of the said William Fishbourne the elder and William Fishbourne the younger according to their several estates until the solomnization of said marriage and from thenceforth as to the fields called Winnett’s Fields and the plot called Mary Wall’s plot and the ground plots and premises near the Town of Carlow comprised in or demised by said indentures of 23rd February 1738 20 March 1740 and 27th February 1786 as also said land in Tullow Street in the Town of Carlow called the part of the Eight Acres of Carlow comprising amongst others the plots called Mahers and Lurgans Plots but nevertheless subject to an annuity or yearly rent charge of 200 pounds for said Anchoretta Freeman in the event of her surviving the said William Fishbourne the younger and to the powers and remedies for recovery of same to the use of said William Fishbourne the elder and his assigns during the term of his natural life. And as to said mill Bridewell Mill as also one undivided 6th part of a 5th part and one undivided 4th part of another 5th part of said lands of Ballymoyleran otherwise Springhill from and after the solomnization of said intended marriage and also as to for and concerning all and every the fields land and plots of ground and premises ?anuitted? To the said William Fishbourne the elder for life from and immediately after the death of the said William Fishbourne the elder but subject to said annuity for said Elizabeth Fishbourne and to said three several sums of one thousand pounds each for said daughters of said William Fishbourne the elder to and for the use and behoof of said William Fishbourne the younger and his assigns during his life and from and after the death of said William Fishbourne the younger to and for the use and to the end that said Anchoretta Freeman and her assigns should in case she should survive the said William Fishbourne the younger have receive and take during her natural life and up to until the day of her death one annuity or clear yearly rent charge of 200 pounds to be issuing and payable out of and charged and chargeable upon all and every the lands plots of ground mill tenements and premises before mentioned by way of and in the nature of a jointure in lieu and bar of dower (?) and ? said annuity of 200 pounds to take precedence of said annuity of 80 pounds and three several sums of one thousand pounds each and the interest thereon and to be paid and payable half yearly on every first May and first November and the proportional part thereof for so many days as should elapse from the last? gale day preceding her death up to and until the day of her death. The first payment thereof to begin and be made on whichever of these gale days should first happen next after the death of the said William Fishbourne the younger and whether such death should happen in the lifetime of said William Fishbourne the elder or not in which said indenture is contained the usual powers for entry and distress to secure payment of said annuity and said William Fishbourne the elder and William Fishbourne the younger by said deed did charge and incumber all and every the premises(?) thereby granted and released with said annuity of 200 pounds for said Anchoretta Freeman during her life in case she should survive the said William Fishbourne the younger. And as to the said mill called the Bridewell Mill and said portions of said lands of Ballymoyleran from and after the death of the said William Fishbourne the younger and as to all and every the other towns lands hereds? And premes? Thereby granted from immediately after the death of the survivor of them the said William Fishbourne the elder and William Fishbourne the younger subject to said annuities of 200 pounds and 80 pounds and said three several sums of one thousand pounds to the use of all and every the children whether male or female of the body of the said William Fishbourne the younger on the body of the said Anchoretta Freeman to be begotten for such estates and interests and in such shares and proportions and subject to such charges and payments to and for any one or more of such child or children under such restrictions limitations and powers as he the said William Fishbourne the younger by any deed or deeds writing or writings or by his last will and testament and writing respectively executed and attested as therein mentioned should direct limit or appoint and in default of such direction limitation or appointment and as to such parts thereof whereof there should be no such direction limitation or appointment and in case any such should be made then when and as the estates and interests thereby directed limited and appointed should respectively end and determine to the use and behoof of all and every the child and children whether male or female of the said William Fishbourne the younger on the body of the said Anchoretta Freeman and who being a son or sons should attain the age or ages of 21 years or being a daughter or daughters should attain said age or be married to be equally divided between them if more than one share and share alike as tenants in common. And if but one such child then to the use and behoof of such only child and his or her heirs to become a vested interest in such only child if a son on his attaining the age of 21 years and if a daughter on her attaining said age or be married. And in case there should not be any child or children of said intended marriage or there being such all such of said children as should be a son or sons should happen to die under the age of 21 years and all such of said children as should be a daughter or daughters should depart this life under said age and unmarried then to the use and behoof of said William Fishbourne his heirs and assigns forever and said indenture contains a power enabling said William Fishbourne the elder and William Fishbourne the younger as they should respectively be in possession or intitled to the receipt of the rents and profits of said premises or any part thereof for any term or number of lives compatible with the estates or interests in or to said premises respectively to take effect in possession and not in reversion at the most improved rent without fine. And the said William Fishbourne the younger did thereby covenant that in case he should die in the lifetime of the said Anchoretta Freeman his heirs executors or advisors should within 14 days after his decease pay unto said Anchoretta Freeman a sum of 100 pounds for her own use over and above said annuity of 100 pounds and said indenture contains amongst others a covenant for further assurances the execution of which said deed by all the parties thereto and of this memorial hereof by the said William Fishbourne the elder and William Fishbourne the younger is witnessed by Charles White of the city of Dublin Esq and Alexander Thompson of said City solicitor

William Fishbourne(seal)
William Fishbourne junr. (seal)

signed and sealed in the presence of Charles White Alexander Thompson. The above named Alexander Thompson maketh oath and saith he is a subscribing witness to and saw the deed of which the above is a true memorial duly executed by all the parties thereto and also saw the said memorial duly executed by William Fishbourne the elder and William Fishbourne the younger two of the parties to said deed and saith the name Alexander Thompson subscribed as a witness to the execution of said deed and memorial respectively is deponent’s proper name and handwriting and deponent saith that on the 5th day of November 1832 at or about the hour of 3 o’clock in the afternoon he delivered said deed and memorial to Francis Armstrong Esq at the Registry Office King’s Inns in the city of Dublin. Alexander Thompson sworn before me this 5th day of November 1832. Francis Armstrong.