1804 August 31
DEED: 567-358-381199
Joseph OLIVER - James HAMILTON
NOTE: I have a photocopy of this deed.

NOTE: If I have the family tree correctly aligned (and I may not), it seems that Jane HAMILTON died before 1831 when Joseph OLIVER had a son John Elliot OLIVER by a second wife, Catherine [Last Name?]. This would have consequences for future law suits.

DEED 381199

To the Registry appointed by Act of Parliament for the Public Registry of all Deeds.

 

A Memorial of an indentured Deed bearing date the first day of August one thousand eight hundred and four made between Joseph Oliver of Ballyrea [1] in the County of Armagh gentlemen of the first part Jane Hamilton of Tullimore [2] in the said County Spinster of the second part David Oliver of Ballyrea [3] in the said County Gentleman of the third part Robert Hamilton [4] of the City of Dublin Surgeon and James Maxwell Hamilton [5] of the said City Gentleman of the fourth part. After reciting as therein is recited / the said Deed further recited that a Marriage was intended then shortly to be had and solemnized between said Joseph Oliver and said Jane Hamilton said David Oliver had agreed to grant and convey the lands of Laragh and Carnacarrow [6] and the Mills therein and the lands of Derryha [7] to said Robert and James M. Hamilton in trust to settle and secure an annuity or yearly sum of fifty pounds as a jointure for said Jane Hamilton in case she survive said Joseph Oliver her then intended husband which was to be charged on all said lands and it was agreed between the parties to said Deed that said Jane Hamilton should grant and convey all said lands and premises of which she was then seized and possessed and all sums of money then due to her to the said Robert Hamilton and James Maxwell Hamilton their executors and administrators and assigns upon the trusts and for the intents and purposes therein mentioned the said Deed Witnesseth that for the Consideration therein mentioned and in order to carry the aforesaid agreement into effect to the said David Oliver did grant  bargain sell alien release and confirm unto the said Robert Hamilton and James Maxwell Hamilton and to their heirs and assigns All of the two townlands or tates of land commonly called and known by the name of Laragh and Carnacarrow with the corn and tuck mills thereon and all the grist and succor  belonging thereto and also the turf bog and mosses on said lands Excepting out of said Lands as is therein mentioned all which said town lands tenements and premises with their appurtenances were then in the actual possession of the said Robert Hamilton and James Maxwell Hamilton by virtue of a bargain and Sale in said Indenture particularly mentioned To hold all and singular the said town lands tenements and premises with their and every of their appurtenances unto said Robert Hamilton and James Maxwell Hamilton their heirs and assigns for the three lives therein named and the survivors and survivor of them and for the lives and life of all such other person and persons as should from time to time forever thereafter be named in the room and stead of all and every the therein mentioned lives pursuant to the Covenant for perpetual renewal therein mentioned subject to and upon the uses trusts intents and purposes as therein mentioned. The said Deed further witnessed that for the Considerations therein mentioned he the said David Oliver did grant  bargain sell assign transfer and set over unto said Robert Hamilton and James Maxwell Hamilton all that farm of lands in the possession of the said David Oliver or his Undertenants together with the bleaching mill and all other the appurtenances thereunto belonging or appertaining situate lying and being in the townland of Derryha in the parish of Tynan and County of Armagh containing by estimation eighty seven acres English measure be the same more or less with their appurtenances to hold said lands and premises unto said Robert Hamilton and James M. Hamilton their executors and admons and assigns from henceforth for and during all the rest residue and remainder of the term for years for which same were held under the lease therein mentioned and for and during all such further and other Term or terms for years as should or might thereafter obtained of said lease by virtue of the Covenant therein mentioned subject as therein mentioned upon the trusts intents and purposes therein also mentioned and the said Deed further witnessed that for the considerations therein mentioned the said Jane Hamilton with the [?] and consent of Joseph Oliver her then intended husband did grant sell assign transfer and set over unto said Robert Hamilton and James Maxwell Hamilton all the townland commonly called and known by the name of Killmore [8] together with the two Islands in the Loch Ern [9] thereunto belonging situate lying and being in the Barony of Magherastaphua [10] and County of Fermanagh and also the lands of Tullymore then in the possession of the said Jane Hamilton containing sixty acres three roods and thirty three perches excepting as in said Indenture mentioned situate in the Parish and County of Armagh aforesaid together with all and singular the houses buildings ways waters easements and appurtenances thereunto belonging or in any wise appertaining. To hold unto said Robert Hamilton and James Maxwell Hamilton their executors administrators and assigns from henceforth for and during all the rest residue and remainder of the term or terms for years for which the was held respectively and also for and during all such further term and terms for years for which the same were held respectively  and also for and during all such further term and terms for years as should or might thereafter be had or obtained thereof by virtue of the Covenant for Renewal therein mentioned upon the trusts and for the intents and purposes therein mentioned and said Deed also further witnessed that for the considerations therein mentioned the said Jane Hamilton did grant bargain sell alien release and confirm unto said Robert and James Maxwell Hamilton in their actual possession then being by virtue of the bargain and sale therein mentioned all the townlands of Drumcormuck [11] and Shancloone [12] in the parish of Cavan Barony of Loghter [13] and County of Cavan containing one hundred and twenty five acres with the appurtenances together with the indenture of  lease therein mentioned the tenants leases of said lands and tenements and all other Deeds concerning the same or any part thereof and all the said Jane Hamilton's right thereto to hold unto said Robert Hamilton and James Maxwell Hamilton their heirs and assigns for the lives therein named upon the trusts and for the uses intents and purposes provisos and agreements therein mentioned and said Deed further witnessed that the said Jane Hamilton for the Considerations therein mentioned and with the [?] and consent of the said Joseph Oliver did assign and  make over unto the said Robert and James Maxwell Hamilton all and every sums of money then due to said Jane Hamilton and all the benefit their of and the interest then due or to grow due on a certain Mortgage debt charged on the lands of Gartraghan [14] in the County of Cavan and all sums of money then due to said Jane Hamilton and all the benefit thereof to said Jane Hamilton whether secured by bond Bill note or otherwise. To hold said mortgage bonds notes and other securities and all sums of money due and payable or to become due and payable thereon or be had gotten or received thereby unto said Robert Hamilton and James Maxwell Hamilton their heirs executors admons and assigns upon the trusts and purposes subject to the agreements in said indenture and particularly mentioned which said Indented Deed contains certain other promises Covenants and agreements and is as to the execution thereof by the aforesaid David Oliver witnessed by be Reverend William Hutchinson [15] of Ballyrath [16] in the said County of Armagh & said Deed is as to the execution thereof by all the other parties thereto witnessed by Andrew Newton [17] of the City of Dublin Gentlemen & this Memorial is witnessed by the said Andrew Newton and also by John Magin [18] all of the said City Gentleman

 

Signed and sealed in presence of

Andrew Newton Jr.

John Magin

James Hutchison

 

The above named Reverend William Hutchinson maketh oath and faith said he is a subscribing witness to and saw the Deed of which the above wording is a memorial and duly executed by David Oliver of the [?] and faith the name [?] [?] at Armagh in the County of Armagh [……?…?….?]

 

The within named Andrew Newton make the old and saith that he is a subscribing witness to and saw the Deed of which the annexed writing is a memorial duly executed by the within named Jane Hamilton (now Jane Oliver) Joseph Oliver Robert Hamilton and James Maxwell Hamilton And saith he is also a subscribing witness to and saw the said memorial duly executed by the said Joseph Oliver and that the named Andrew Newton Jr. respectively subscribed as a witness to said Deed and memorial of this deponants proper name and handwriting And saith he delivered the said Deed and memorial to Joseph Griffin Esq. deputy register on the 22nd day of January 1805 at or near half past 11 o'clock in the forenoon

 

And^w Newton Jun^r

Sworn before me on the 22nd day

 of January 1805

John Griffin deputy register

---

[1] Joseph OLIVER (1764-1837) son of David OLIVER (1725-1806) and Susannah WALKER (?-1808) and husband of Jane HAMILTON (1763-1826). He married 2ndly Catherine OSBORNE (1791-1866) and they had a son who died at age 13. Joseph OLIVER was a weaver with a substantial house in Tullymore, although his will shows that he was left with fewer resources than one might expect.

[2] Tullymore is close to Ballyrea,.SEE: Tullymore page

[3] David OLIVER (1725-1806) of Ballyrea, a weaver and likely also a farmer and linen miller/merchant.

[4] Robert HAMILTON. This may not be the same man, but there was a Robert HAMILTON (1749-1830) who was born in Coleraine, County Londonderry, and was educated in Edinburgh where he became a doctor. After he had joined the army he wrote Duties of a Regimental Surgeon and also a paper on Influenza. He practised in Ipswich for ten years and died there. SOURCE: http://www.ulsterbiography.co.uk/biogsH.htm A Dr. Robert HAMILTON was a surgeon parcticing on Francis Street, Dublin in 1805.

[5] James Maxwell HAMILTON. There is likely a link between the John MAXWELL of Fellowshall SEE: Lease from 1769. A marriage of James Maxwell HAMILTON and Margaret YELLING was recorded in 1801. Based on news records, I suspect he is the one who was an attorney-at-law. This is likely a reference to him: Journals of the House of Lords 1809. Col XLVII p 250. The answer of William ELLIOT to the appeal of James Maxwell Hamilton, of the City of Dublin, Gentleman, was this day brought in.

[6] Laragh and Cornacarrow. In 1766, Bryan BURNS of Laragh demised to David OLIVER a corn mill that he seemingly turned into a beetling mill. (SOURCE At the Ford of the Birches p263). By the time of the 1839 valuation, the mills of Cornacarrow were in the hands of Thomas & Alex DAVIDSON ( SOURCE: At the Ford of the Birches p268) They also had the carding & beetling mills at Laragh while William OLIVER had the bleaching mills, Flax Mill, Corn Mill and a Beetling Mill. SEE: Map

[7] Derryhaw, Co. Armagh. The Oliver connections are continuous but also still mysterious in this townland. A Joseph OLIVER had a flax mill there in the mid-1800s. SOURCE: The Millers and their Mills of Ireland of about 1850. A list compiled by William E. Hogg. 1997. Self published. Sandy Cove, Co. Dublin, Ireland. Also an  Eliza Jane age 40 Armagh died 17 Aug 1864 at Derryhaw (therefore born abt 1824). She was described as a spinster and a labourer. Margaret Oliver was present at her death and described as an occupier, of Derryhaw. It is not impossible that this was a line of the family that was brought low by the consequences of the mid-century famine.

[8] There are three possible townlands: Kilmore, Kilmore North and Kilmore South.

[9] The contemporary spelling is “Loch Erne”.

[10] This is likely the Barony of Magherastephana.

[11] This is likely the townland of Drumconnick, Barony of Upper Loughtree, Parish of Urnay.

[12] I do not know what townland this might be. It might be Shancorn, Parish of Annagh, Barony of Lower Loughtee, Co. Cavan.

[13] The contemporary spelling is “Loughtree”

[14] I do not know what the name for Gartaghan might be.

[15] Rev. William HUTCHINSON (1758-1827) SOURCE: 1828 Jan 4 The Newry Commercial Telegraph In Ballyrath, near Armagh, on the 27th ult., in the 69th year of his age, the Rev. WILLIAM HUTCHINSON, a gentleman who signalized himself at an early period of his life in Trinity College, Dublin, as an accomplished scholar. He was a man of extensive information--whose mind was stored with interesting anecdotes, which he related with great candour, energy, and humour. He was a fond husband--a kind and affectionate father--a steady friend--and a man who wished well to the whole human race. He was the survivor of three brothers, who in the prime of their youth attracted universal attention at the general reviews of Volunteer Corps in Belfast and Newry, for their remarkable elegance and symmetry of features and of form. In activity -- in muscular power, they could not have been excelled by any three men in Ulster. Mr. Hutchinson, prior to his entering into the Church, was a member of the Second Armagh Corps of Volunteers, raised in the year 1789, in which he was a very active and useful member.
He married an unnamed ARBUTHNOTE (SEE: KIDD-OSBORNE tree on my computer. I will post that tree when I have time to source more material).
He was also likely the father of William Scott HUTCHISON (1800-1839) who married a Mary Anne WALKER and they had children at Ballyrea (SEE: HUTCHINSON tree on my computer constructed from notes shared by Linda EDWARDS. I will post that tree when I have time to source more material.).

There seems to be a close connection to the OLIVER family. See also Deed 539-293- 3555212 where a William HUTCHINSON is a witness to the OLIVER-ELGEE marriage document. SEE: http://www.thesilverbowl.com/documents/1801Sept25-OLIVER-ELGEE-Marriage.html

[16] Ballyrath is in the Parish of Armagh, close to Tullymore.

[17] Andrew NEWTON?

[18] John MAGIN?