1742 March 18 Deed 108 226 76108
NOTE: This is not an absolutely accurate transcription. In several instances, I have used contemporary spellings so that a web search can readily retrieve anything pertinent. Over and above that, there may be my own idiosyncratic errors. It is well known that I can neither type nor spell.

DEERING & Others to CARY & Others

A Memorial of Marriage Articles being Indented Deed bearing date the 12th day of February 1742 and made between Henry Deering[1] of the city of Dublin Esq. and Mary Deering[2] spinster daughter of the said Henry of the first part the Right Rev. father in God Mordecai Cary[3] Bishop of Killala. and Catherine Cary[4] his wife and Henry Cary[5] the son of the said Bishop of Killala of the second part and the Rev. Daniel Jackson[6] of Tullamore in the Kings County Clerke and the Rev. Theophilus Brocas[7] Dean of Killala of the third part reciting that a marriage was intended to be had and solemnized between the said Henry Cary Clerke and Mary Deering spinster and that the sum of £1000 principal money was secured to the said Henry Deering by a mortgage assigned to him by the Right Honorable Elizabeth Lady Baroness[8] of Tullamore of all that and those the four quarters of Templevanny[9] lying and being in the County of Sligo. By which said marriage articles the said Henry Deering for and in consideration of said intended marriage and as for part of the Marriage portion of his said daughter and of the sum of £2000 to the said Daniel Jackson and Theophilus Brocas or one of them in hand paid and satisfied or secured to be paid and satisfied by the said Bishop of Killala and for providing a Competent Jointure and livelihood for the said Mary Deering in case she shall (after said marriage) survive the said Henry Cary and for settling said several sums together with the sum of £4000 secured to be paid as in said Marriage Articles is mentioned upon the Trusts and to and for the uses intents and purposes in said Articles also mentioned and to and after the uses intents and purposes in said Articles also mentioned and the said Henry Deering did bargain and sell assign and set over unto the said Daniel Jackson and Theophilus Brocas all up therefore the said four quarters of Templevanny in the County of Sligo together with all and singular sum and sums of money due and secured by the aforesaid mortgage together with all deeds and writings thereto belonging to the intent and purpose that said sums of £1000 and £2000 shall as soon as conveniently it may be laid out in the purchase of some Messuage Lands Tenements and Hereditaments which when purchased shall be Conveyed Settled and Assigned to the use of said Henry Cary for his life. Dispunishable of waste & after his Death to said Mary Deering for her life in case she shall survive him and after the Death of the survivor of them to the use of the first and every other son and sons of the body of said Henry Cary begotten on the body of the said Mary Deering in Taile Male and for Default of such issue of all and every the Daughter and Daughters of the said Henry Cary by the said Mary Deering as Tenants in Common and not as Joint Tenants and for Default of such office to the use of the said Henry Cary his heirs and assigns for ever. And the said Mordecai Lord Bishop of Killala covenanted by said marriage to devise by his last will £4000 or securities for or Lands of Inheritance of the Value of £4000 or that his Heirs Executors Administrators or Assigns shall immediately upon his Death pay and deposit into the hands of the said Daniel Jackson and Theophilus Brocas or the Survivor of them or the Executors or Administrators of such Survivor the sum of £4000 or Assign securities or Grant Lands of Inheritance of that balance unto the said Daniel Jackson and Theophilus Brocas or the Survivor of them or the Executors or Administrators of such survivors which said sum of £4000 is covenanted by said Articles to be laid out in the purchase of some Messuages Lands Tenements and Heritaments which when purchased shall be Conveyed or settled and secured to the use of Catherine Cary[10] if then living for her life in lieu of dower and all [?] and rights at Common law and after her Death to the use of the said Henry Cary (if then living) for his life. Dispunishment of waste and after his Death to the use of the first and every other son of the said Henry Cary on the body of the said Mary Deering begotten in Taile Male and for Default of such Issue to the use of all and every the Daughter and Daughters of the body of the said Henry Cary on the body of the said Mary Deering begotten as tenants in Common and not as Joint Tenants and for Default of such issue to the use of the said Henry Cary his heirs and assigns for ever provided that until Messuages Lands and Tenements and Heritaments can be purchased as aforesaid the said sum of £1000 and £2000 and £4000 or any part thereof may be laid out on Mortgages and other securities by the Consent in writing of the said Henry Cary and the produce of said sums to be paid to such person or persons as would be entitled to the Rents Issuesand profits of the said Lands and Hereditaments and it is further agreed by said Articles in case said Henry Cary shall have Issue by said Mary Deering one Daughter and no other Child living at the time of his Death that then the said Henry Cary may by his last Will or any Deed attested by Two or more witnesses Dispose as he shall think of £2500 of said sum of £4000 which the said Bishop of Killala Covenanted to Devise by his last Will as aforesaid and in case he the said Henry Cary shall have Issue by the said Mary Deering one son and no other Child at the Time of his Death then it shall be Lawful for the said Henry Cary to dispose in manner aforesaid of one Moiety or half of said sum of £4000 which said Marriage Articles are witnessed by Robert French[11] of the city of Dublin Esq. Councillor at Law and Charles Dempy[12] of the said City Gent, and Agent at Law and this Memorial is witnessed by the said Charles Dempy and the Rev. Samuel Vircasel[13] of the city of Dublin Clerke Mordecai Killala [SEAL] signed and sealed in the presence of us Samuel Vircasel Charles Dempy the above named Charles Dempy came this day before me and made oath that he saw the deed whereof the above writing is a Memorial duly perfected by the above named Mordecai Cary Bishop of Killala Henry Cary Clerke his son Henry Deering Daniel Jackson and Theophilus Brocas who are all parties to said Deed and further saith that he also saw the said Mordecai Bishop of Killala duly sign and seal the above Memorial and saith that the same Charles Dempy subscribed and witness to said Deed and Memorial is the proper handwriting of this deponent and that he delivered the said Deed and Memorial to Bartholomew Delandry[14] Gent. Deputy Registrar on the 18th day of March 1742 at or near five o'clock in the afternoon. Sworn the 18th day of March 1742 before Bartholomew Delandry, Dep. Reg.