1811 MARRIAGE SETTLEMENT: JACKSON & MCCULLAGH
Dated 24 day of April 1811
NOTE: In the Memorial record at Registry of deeds, DEED: 1844-3-231, the surname of the bride’s family is consistently rendered as “McCULLAGH”. The date of the Memorial,being recorded so long after the actual marriage, intrigues me. 1844 would seem to be the year that David JACKSON, the son of John JACKSON & Elizabeth McCULLAGH, moved his family from Aughavilla, Carrigallen, Co. Leitrim back to his mother’s farm at Urker. Why? I don’t yet know.
This Indenture made entered into and agreed on the 24th day of April 1811 by and Between James McCULLOUGH[1] of Shantenagh[2] in the County of Monaghan ~ Gentleman of the one part. Elizabeth McCULLOUGH[3] of Shantenagh aforesaid spinster daughter of said James McCULLOGH of the 2nd part John JACKSON[4] of Lisgalcot[5] in the County of Armagh Gentleman of the 3rd part and James McCULLOGH[6] of Ballybay in the County of Monaghan Junior Gentlemen and Andrew BRADFORD[7] of Cavananore[8] in the County of Louth Gentlemen Trustees for certain purposes hereinafter mentioned of the 4th part ~ WHEREAS a marriage is intended to be had and solemnized by and between the said John JACKSON and Elizabeth McCULLOUGH and the said James McCULLOGH being desirous to make a provision for his said daughter and as a marriage portion with her has agreed to settle an annuity or yearly sum on her and her issue for ever of £30 sterling on the several limitations and restrictions hereinafter mentioned of and concerning the same – WHEREAS by Indenture bearing date the 8th day of July 1796 made between the Rev Charles MOSSE[9] of the City of Dublin Clerk surviving Trustee named and appointed in and by two acts of Parliament made in this Kingdom in the 11th and 12th years of the reign of His Present Majesty entitled An Act for vesting in Trustees the settled estate of Thomas TERESON[10] of Rosefield[11] in the County of Monaghan Esquire in order that a competent part thereof might be sold for payment of debts and Incumbrances and the other made in the 13th and 14th years of the reign of His said Majesty entitled An Act for vesting in Trustees as well the unsettled as the settled Estate of Thomas TERESON of Rosefield in the County of Monaghan Esquire in order that a competent part thereof might be sold for payment of debts and encumbrances and for explaining amending and more effectually carrying into execution the said Act made in the 11th and 12th years of his present majesties reign of the 1st part and Thomas TERESON[12] Esq only son and heir at law of Thomas TERESON formerly of Rosefield and now deceased of the 2nd part and the said James McCULLOUGH senior part hereto of the 3rd part reciting among other things herein mentioned that the said Charles MOSSE and Thomas TERESON or one of them being seized in the Town and lands of Drummuck[13] in the County of Monaghan with all the appurtenances thereunto belonging and being so seized they the said Charles MOSSE and Thomas TERESON did thereby for them and each of them their and each of their Heirs ____ Admons and assigns for and in consideration of the Sum of £1200 to them in hand paid the receipt where of they and each of them did acknowledge did sell assign transfer convey and make over unto the said Jas McCULLOUGH his heirs and assigns. ALL THAT AND THOSE the said Town and Lands of Drummuck with all the rights members and appurtenances thereunto in anywise belonging to hold to the said James McCULLOUGH his heirs and assigns for ever as the said deed relation being thereunto had may more fully and at large appear NOW THIS INDENTURE WITNESSETH that the said James McCULLOUGH doth hereby for him his Exors, and Admors. For and in consideration of said marriage taking effect and also in consideration of five shillings to him in hand paid by said James McCULLOUGH Junior and Andrew BRADFORD the receipt whereof he doth hereby acknowledge doth sell assign transfer convey and make over and by there presents doth sell assign transfer convey and make over unto the said James McCULLOUGH Junior and Andrew BRADFORD in their actual possession now being by virtue of a bargain and Sale to them thereof made by Indenture bearing date the day next before the day of the date of these presents for one whole year in Consideration of five shillings and by force of the Statute for transferring uses into possession and to their heirs and assigns one annuity or yearly sum of £30 Sterling yearly issuing and payable and charged and chargeable on all that part of the said lands of Drummuck aforesaid as formerly held by John GILLESPIE[14] deceased and as lately in the possession of James SMITH[15] and John SMITH[16] Such annuity or yearly Sum of £30 to be paid and payable in even and equal half yearly payments on every 1st day of May and 1st day of November in each and every year the first payment to be made on the 1st day of November next and in case of neglect or refusal in payment in 21 days after the respective days on which same ought to be paid that then and so often as it shall happen it shall and may be lawful to and for the said James McCULLOUGH Junior and Andrew BRADFORD and the Survivor of them and their heirs and assigns to distrain said premises and the distress and distresses thereon found to lend drive and carry away until same is disposed of according to law to satisfy same and every part thereof as in such Cases usual as between Landlord and Tenant upon the following uses intents and purposes and to and for no other use intent or purpose whatsoever that is to say that the said James McCULLOUGH Jun and Andrew BRADFORD their heirs and assigns and the Survivor of them shall and will permit and suffer the said John JACKSON and his assigns for and during the natural life of the said Elizabeth McCULLAGH his intended wife to take and receive to his own proper use and benefit said annuity or yearly sum of £30 Sterling and in his own name to give acquittance and acquittances for the same and upon the further Trust in case of the death of the said John JACKSON leaving said Elizabeth his widow then and in such case to permit and suffer the said Elizabeth from and immediately after his death to take and receive to her own proper use and benefit the said annuity or yearly Sum of £30 Sterling to her own proper use during her life and from and immediately after her death to such child or Children of such marriage if any there be as the said John JACKSON or Elizabeth or the Survivor of them shall by any deed or will limit or appoint and for want of such appointment then to such Children in equal Shares or proportions and it is hereby agreed by and between the parties to these presents and it is the true intent and meaning hereof that in case there should be no issue of said marriage that then and in such case immediately on the death of said Elizabeth that said annuity or yearly sum of £30 Sterling shall revert to and become the property of the said James McCULLOUGH Senior his heirs and assigns forever and the said James McCULLOUGH Senior doth hereby agree to and with the said James McCULLOUGH Junior and Andrew BRADFORD that he the said James McCullagh Senior his heirs or assigns will at any time or times hereafter make do and execute any other deed or deeds for the more effectual conveying and assuring the Premises and yearly Sum herein mentioned as the said James McCULLOUGH Junior and Andrew BRADFORD or their Counsel learned in the lawe shall require IN WITNESS whereof the parties aforementioned have hereunto put their hands and offered their Seals the day and year first before WRITTEN
Signes Sealed and Delivered James McCullogh (Seal) Received from the within named James McCULLOUGH Jun and Andrew BRADFORD Trustees named in the within deed the Sum of five Shillings Sterling being the Consideration in said deed mentioned to be paid at or before the perfection thereof, James McCullogh £”5”0 Present Essy Coulter Philip Smith Reacknowledged by the within named Andrew BRADFORD in the presence of Thomas McMurry[19] A Memorial of the within deed was entered in the Registry office in the City of Dublin on the 20th day of February 1844 at 10 minutes past 2 oclock in B3 No 231 and the execution of said deed and Memorial[21] was duly proved pursuant to an Act of Parliament in that case made and provided Walter Glasscocke[22], A.R.
[1] James McCULLOUGH Sr, father of Elizabeth McCULLOUGH. He seems to have started life at Derryvalley and ended it at Shantenagh. His wife Sally McCARTER came from Shantenagh. [2] Shantenagh There is one in the Parish of Agnamullen and one in Ballybay. NOTE: Check with Wendy. [3] Elizabeth McCULLOUGH (1788-1880), wife of John JACKSON and grandmother of Sir Thomas JACKSON. [4] John JACKSON (1780-1817) son of David JACKSON & Margaret BRADFORD. [5] Lisgalcot aka Liscalgot, Parish of Creggan & long time home of JACKSONs and GILMOREs. 220 acres near Crossmaglen. [6] James McCULLOGH (?-1865), brother of Elizabeth McCULLOUGH. He married Eliza WALLACE and they had 13 known children. [7] Andrew Coulter BRADFORD (1788-1847). Cousin to John JACKSON. At least, I think it is him. He is a bit young to take on this role, but his father died in 1790, so I am guessing that the role fell to him, even though he would have been only 23 years old at the time. [8] Cavananore, Co. Louth SEE: http://www.thesilverbowl.com/maps/Cavananore.htm [9] Rev Charles MOSSE [10] Thomas TERESON sr. Deceased. [11] Rosefield. Intriguingly enough, recently The Rosefield Farm Guesthouse won an award for 2nd best Guesthouse in Ireland. . See www.glisse-roule.com/english/britain.html [12] Thomas TERESON jr [13] Drummuck, Parish of Ballybay, Co. Monaghan [14] John GILLESPIE [15] James SMITH [16] John SMITH [17] Essy COULTER [18] Philip SMITH [19] Thomas McMURRY, Gent. NOTE: The Memorial gives his address as Corraville, Co. Monaghan [20] John DONALDSON, Gent. NOTE: The Memorial gives his address: Tullyvallen, Co. Armagh. I suspect that he was the John DONALDSON who wrote Account of the Barony of the Upper Fews. He was the son of Joseph DONALDSON & Anne HENRY and died unmarried. [21] There were some differences in wording between the memorial and the original deed, but not enough for me to trouble taking the time to note. [22] Walter GLASSCOCKE
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