DEED 1839 19 98

1835 Feb 12

NOTE: Sometime I start in on a deed and then feel daunted by the legibility challenges. This is one such deed. I am leaving all the [?] bits as they are. At least, most of the salient information can be extracted.

NOTE:  This deed is also worth reading alongside an 1856 judgement which includes the 1834 will of Robert Ellis BAILIE: http://www.thesilverbowl.com/documents/1856Jan22-BAILIE.html as well as alongside the Chancery input of John DICKIE of Casino. SEE: 1895 November 23

SNAPSHOT: The two trustees of the will of Robert Ellis BAILIE are the first parties in this deed. Two of the three sons of Robert Ellis BAILIE - John & William - are the second and third parties respectively. Various landlords are mentioned in the fourth part and then Robert BAILIE and Robert DICKIE are parties to the 5th part. This Memorial refers back to an earlier deed of 1811. There was a partition (mutually agreed upon) which involved 172 acres of Annaghvackey aka Roachdale whereby (it seems) Robert Ellis BAILIE got the 87 acres that he had been occupying and that Robert DICKIE got the 87 acres that was already in his possession. As a result of a further partition, of which this is a memorial, it seems that the brothers (sons of Robert Ellis BAILIE), Rev John BAILIE and William BAILIE then partitioned the 87 acres belonging to the estate of Robert Ellis BAILIE and each got about 43 acres on the northern part of Annaghvackey.

To the Register appointed by act of Parliament for registering Deeds and Wills and so forth.

A Memorial of an Indented Deed of Partition bearing date the 12th day of February 1835 and made between the Rev. Charles ATKINSON[1] of Creggan Gent in the County of Armagh clerk Dr. of Law and Robert MURPHY[2] of Marion Square in the County and the city of Dublin Esq. trustees under the last will and testament of Robert Ellis BAILLIE[3] therein [?] of the first part the Rev. John BAILLIE[4] of Clonaleenan[5] in the County of Louth clerk of the second part and William BAILLIE[6] of Tray[7] in the County of Monaghan Gent of the third part whereby after reciting that by indenture deed of conveyance dated the 18th day of October 1811 and made between Stewart KING[8] Esq. one of the Masters of his Majesty's High Court of Chancery in Ireland of the first part the Right Honourable John FOSTER[9] of Collon[10] in the County of Louth surviving trustees named in the will of the Right [?] [?] Viscount [B___________?][11] and Sir John Charles HAMILTON[12] Bart eldest son and heir at law of Sir John Stewart HAMILTON[13] formally of the city of Dublin Esq. deceased of the second part Frederick HAMILTON[14] of [Dunfreath?][15] in the County of [Kildare?] Esq. eldest son of Frederick HAMILTON[16] Esq. deceased who was eldest son and survivor named in this aforesaid lease to [B?][17] and Richard HEATHERINGTON[18] of the city of Dublin Esq. of the third part Charles GRANT[19] Esq. Capt. in his Majesty's Royal Navy of the fourth part and Robert BAILLIE[20] of Shortstone[21] and Robert DICKIE[22] of Clonaleenan both in the County of Louth Esquire's of the fifth part for the considerations therein mentioned that Stewart KING John FOSTER Sir John Charles HAMILTON Frederick HAMILTON Richard HETHERINGTON and Charles GRANT did grant and confirm unto the said Robert BAILLIE and Robert DICKIE in their possession being all that and those that part of the town and lands of Annavackey[23] also called Roachdale then in the occupation of said Robert BAILLIE and Robert DICKIE and their under tenants containing arable pasture and Red Bog 172 acres one Rood and 33 perches plantation measure bounded on the North by the land of Cavananore[24] on the South by Clonaleenan and on the East by part of Annavackey let to Thomas and Samuel BRADFORD[25] and by Carrickistock and on the West by Shanmullagh and Courtbane situate in the upper half Barony of Dundalk Manor of Roach and County of Louth together with all Rights and appurtenances [?] belonging. To hold said demised lands and premises onto said Robert BAILLIE and Robert DICKIE their heirs and assigns forever as tenants in common as by said indenture may appear and reciting that said Robert BAILLIE and Robert DICKIE mutually agreed to make a partition of said lands of Annavackey and by such partition it was agreed that said Robert Bailey his heirs and assigns should hold in [?] all that part of said lands of aforesaid containing 87 acres one root and 22 perches lately occupied by said Robert Ellis BAILLIE as his full share and proportion of said lands and it was also agreed that said Robert DICKIE his heirs and assigns in [?] all that part of said lands or [?] 87 acres one root and two perches then in his possession as his share of said lands and by said deed of partition might appear and that said Robert BAILLIE [?] and by his will leaving bearing date first May 1834 amongst other things devised unto Rev. Charles ATKINSON and Robert MURPHY Esq. that and those the lands of Annavackey aforesaid in trust to assign and make over unto the said Rev. John BAILLIE a moiety or one half part of the said lands of Annavackey and to make over onto said William BAILLIE the remaining moiety of said lands and that the said Rev. John BAILLIE and William BAILLIE with the consent of said Charles ATKINSON and Robert MURPHY had mutually agreed that a partition might be made between them of said lands so devised aforesaid. The said indenture of which this is a Memorial witnessed that for the purpose of carrying into execution the agreements therein mentioned to have been made between the said John BAILLIE and William BAILLIE so that they might hereafter hold and enjoy [?] the lands and tenements agreed to be taken by them [?] they [?] [?] and Charles ATKINSON and Robert MURPHY and John BAILLIE for and in consideration of the said William BAILLIE's moiety of said lands and for the other considerations [?] mentioned granted and confirmed unto the said William BAILLIE in his mutual possession [?] [?] and to his [?] in all that and those that part share or moiety of the lands of Annavackey also called Roachdale consisting of 43 acres two roods and 31 perches late Irish plantation measure bounded on the North by Annavackey in possession of [?] on the South by road leading from Castleblaney to Dundalk in the East by part of Annavackey situate in the upper half Barony of Dundalk Manor of Roach and County of Louth together with [?] rights and appurtenances to [?] belonging to have and to hold said lands and premises unto the said William BAILLIE [?] [?] and assigns forever free [?] [?] right title and demised of them or either of them said Charles ATKINSON and Robert MURPHY and John BAILLIE or either or each of them their heirs or assigns and said [?] [?] witnessed [?] reasons and considerations otherwise excepted [?] [?] said Charles ATKINSON Robert MURPHY and John BAILLIE did grant and confirm unto the said John BAILLIE his actual possession than being. All that and those that first of said lands of Annavackey also called Roachdale and containing 43 acres two roods and 31 perches late Irish measure [?] [?] now bounded on the North by the land leading from Castleblaney to Dundalk on the South by Clonaleenan on the East by Mrs. Robert DICKIE's grounds and on the West by part of Annavackey in possession of said William DICKIE situate in the upper half of Barony of Dundalk Manor of Roach and County of Louth together with all rights [?] and appurtenances thereunto belonging to have and to hold and lands and premises unto the said John Bailey his heirs and assigns in [?] by free from all right title and interest of them the said Charles ATKINSON Robert MURPHY John BAILLIE and William BAILLIE share and costs of [?] heirs and assigns [?] [?] those after do and execute [?] [?] [?] land office act and acts who [?] [?] for the more perfect [?] lands and premises and these appurtenances unto the [?] of each other of them and the said John BAILLIE and William BAILLIE their heirs and assigns respectively according to the [?] meaning thereof as their or other of their counsel [?] in the land [?] [?] [?] [?] and said deed contained the usual consideration for quiet and peaceable enjoyment of each premises which said deed to his executors [?] by this [?] John BAILLIE and William BAILLIE [?] is witnessed by William BAILIE of Nelson Street in the County of Dublin Gent attorney at law and said deed and this Memorial as to the executors share of [?] by the [?] John BUNTON[26] Robert MURPHY are witnessed by [?] of the said William BARKER[27] and Arthur ELLIS[28] of the city of Dublin gent and attorney at law

Robert MURPHY. [Seal].

John BAILLIE. [Seal]

Signed and sealed in the presence of William BAILLIE Arthur ELLIS. The above named William BAILLIE maketh oath and saith he is the subscribing witness to the indented deed of which the above writing is a Memorial and [?] to the said Memorial and saith [?] he saw the said deed duly signed sealed and executed by the afore named Robert MURPHY Rev. John BAILLIE and William BAILLIE respectively and also he [?] Memorial duly signed sealed and executed by their [?] named Robert Murphy and John BAILLIE and saith that the same William BAILLIE subscribed as a witness to said Deed and Memorial [?] respectively is this deponent's proper name and hand writing and saith that he witnessed said deed and Memorial to Walter GLASSCOCK his Assistant Registrar in the Registry Office of Henrietta street in the County of Dublin in the 14th day of October 1839 at near 1:30 o'clock in the afternoon of said minute and day William PARKER[29] sworn before me this 14th day of October 1839 Walter GLASSCOCK[30]. A. P.