1843 May 18
DEED 1843-8-159
OLIVER, Andrew & William - HANNAH, John
NOTE: I now have a photocopy of this deed - but I need to revisit some footnotes.
A Memorial of an indented deed a settlement bearing the date of the 23rd day of March 1843 and made between Andrew OLIVER [1] of Brootally in the county of Armagh farmer of the first part and William OLIVER [2] of Brootally in the county of Armagh farmer uncle of the said Andrew OLIVER of the second part the said Andrew OLIVER and Andrew Coulter BRADFORD [3] of Cavananore [4] in the Co of Louth farmer Trustees named in a certain deed of assignment bearing date the second day of September 1841 [5] of the third part. Anne HANNA [6] of Tereskane in the county of Armagh spinster third daughter of William HANNA [7] late of Taraskane [8] aforesaid and farmer deceased of the fourth part and John HANNA [9] of Tereskane aforesaid former trustee named and appointed to and for the several uses interests and purposes thereon after mentioned of the fifth part and whereby after reciting as therein and amongst other things of the marriage was then intended to be shortly had and solemnized between the said Andrew OLIVER and said Anne HANNA It was witnessed that the said Andrew OLIVER William OLIVER and Andrew Coulter BRADFORD for the consideration therein mentioned according to their and each of their several and respective estates and interests did grant bargains sell assign transfer and make over on to the said John HANNA his executors administrators and assigns All That part of the town and the lands of Brootally containing by estimation 25 acres three roods and ten perches English statute measure were the same more or less by the therein in part recited Indenture of lease of the first day of 1 Nov 1828 [10] (and made between Maxwell CLOSE [11] then of Elm Park [12] , of in the county of Armagh Esq. of the one part and James OLIVER [13] of Brootally aforesaid of the other part granted and demised) and also All That part of the said lands of Brootally containing four acres and two roods English statute measure were the same more or less by therein recited memorandum in writing endorsed on back of said lease agreed to be granted and demised by the said Maxwell CLOSE to the said James OLIVER all which said lands and premises are situate lying and being in the parish of Derrynoose Manor of Balleagh Barony and County of Armagh and also All That part of the town and lands of Killylea [14] containing by estimation 18 acres and two perches English statute measure were the same more or less situate in the parish of Tynan Manor of Balleagh Barony and County of Armagh by the therein recited Indenture of Lease of the 15th day of August 1830 [15] and made between Sir James Maxwell STRONG [16] of Tynan House in the county of Armagh Baronet and Henry Samuel CLOSE [17] & John Tew AMSTRONG [18] both of the city of Dublin Esq. executors of John MAXWELL [19] late of Fellows Hall in the county of Armagh, Esq. deceased of the one part and the said William OLIVER of the other part with the right members and appurtenances unto said several lands and premises belonging or in any use appertaining To Hold onto the said John HANNA his executors administrators and assigns from henceforth for and during all the rest residue and remainder of the lease all and respective terms for years in and by the said therein part recited Indentures of lease granted and then to come and unexpired and for and during all such further and other terms and times as should from time to time successively and forever thereafter be added thereto pursuant to the covenants for renewal toties quoties [20] in said therein in part recited Indentures of Lease contained subject to the payment of the yearly rents thereby reserved and to the observance of the covenants and agreements therein also mentioned and contained upon trust nevertheless and to and for the several uses trusts intents and purposes therein after mentioned and expressed all of and concerning the same and amongst others for the purpose of securing unto the said Anne HANNA in case the said intended marriage should take effect and that she should survive the said Andrew OLIVER her said heir intended husband one annuity or yearly rent charge of 20 pounds sterling to be paid and payable to her at the times and during her natural life and in the manner therein mentioned which said deed of which this writing purports to be memorial as to the execution thereof by the said Andrew OLIVER William OLIVER Anne HANNA Andrew Coulter BRADFORD and John HANNA is witnessed by William OLIVER [21] the younger of Brootally in the county of Armagh farmer and Samuel HANNA [22] of Terraskane in the County of Armagh farmer and this memorial as to the execution thereof by the said Andrew OLIVER and William OLIVER is witnessed by the said William OLIVER the younger and Samuel HANNA Andrew OLIVER William OLIVER
Signed and sealed in the presence of William OLIVER Samuel HANNA Saul of Terreskane, City of Armagh, Farmer.
[The notes from index book add: Witness David SCARLETT [23] of Tynan, Co. Armagh.]
The above named Samuel HANNA maketh oath and saith that's he is a subscribing witness to the deed of which the above writing purports to be a memorial and also to the above memorial and saith he saw said deed duly executed by the above named Andrew OLIVER William OLIVER Anne HANNA Andrew Coulter BRADFORD and John HANNA and also saw said memorial duly signed and sealed by the said Andrew OLIVER and William OLIVER and saith the name Samuel HANNA subscribed as a witness to the execution of said deed and memorial respectfully is this deponent's proper name and handwriting and that deponent is all of the age of 20 years and upwards Sworn before me at Armagh in the county of Armagh this 29th day of March 1843 by nature of a commission to me directed fourth after of her Majesty's Court of Queen's Bench in Ireland for taking affidavits for said court in and for said County and I know John McKINTRY [something] who knows the deponent John DAVIDSON
[1]
Andrew OLIVER of Brootally, Co.
[2]
William OLIVER of Brootally, Co.
[3]
Andrew Coulter BRADFORD (1788-1847)
of Cavananore was the brother of Elizabeth BRADFORD and brother-in-law of
Benjamin OLIVER (1765-1831) of Ennislare & Killynure, Co.
[4]
Cavananore, Co. Louth was the home
of Mary Jane OLIVER (1821-1875), daughter of Benjamin OLIVER and
Elizabeth BRADFORD. SEE:
[5]
NOTE: What is this deed of assignment bearing date 2
Sept 1841?
[6]
Anne HANNA
married Andrew OLIVER at Eglish Parish on March 22, 1843. SOURCE: LDS. This
date agrees with the date given in the Marriage Bonds Index of Armagh. It is
possible she was b. DEC 1819 Eglish Parish,
[7]
William HANNA d. bef 1843
[8]
Taraskane AKA Terraskane,
Parish of Eglish, Co.
[9]
John HANNA possibly the brother of Anne HANNA.
[10]
NOTE: Need to find this lease 1 Nov 1828
[11]
Maxwell
CLOSE of
[12]
Elmpark AKA, Mullaghatinny, Parish of Eglish. It is on the border of the
townland of Killylea and is just a few townlands south west of Mullintur.
[13]
James OLIVER
of Brootelly. He is probably another uncle who probably died in 1853. (Will probate for James OLIVER
of Brootally). He was a farmer.
[14]
Killylea, Parish of Tynan, Co.
[15]
NOTE: Need to find this lease of 15 Aug 1830
[16]
Sir
James Maxwell STRONG of Tynan House, Co.
[17]
Henry Samuel CLOSE of
[18]
John Tew AMSTRONG of
[19]
John
MAXWELL, late of Fellows Hall Co. Armagh
[20]
Toties
Quoties. A legal term meaning “as
often as the thing shall happen”.
[21]
William OLIVER jun. b. 27 Jul 1828,
son of William OLIVER and Elizabeth BALLANTYNE. He would have been a cousin of
Andrew Bradford OLIVER.
[22]
Saul HANNA
of Terreskane, City of
[23]
David
SCARLETT of Tynan, Co.
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