INDENTURE 7 Feb 1838
THIS INDENTURE made the Seventh day of February in the year of our Lord one thousand eight hundred and thirty eight BETWEEN David Jackson[1] of Aughnavilla in the County of Leitrim, Farmer of the one part, William Oliver[2] and Thomas Oliver[3], both of Kilinure[4] in the County of Armagh, of the second part, and Eliza Oliver[5] of Killinure aforesaid eldest daughter of the late Benjamin Oliver[6] and sister of the before mentioned William and Thomas Oliver ------------
WHEREAS the said David Jackson is now legally possessed of and entitled unto all that and those that part of the lands of Aughavilla[7] with the houses and appurtenances thereunto belonging situate in the County of Leitrim aforesaid, and containing eighty-six acres, and seventeen perches or thereabouts, late Irish plantation measure, all which lands are lying and being in the Parish of Carrigallen, and barony of Carrigallen in said County - To hold to the said David Jackson his Heirs and Assigns for ever at the yearly rent of one guinea per acre - AND WHEREAS a marriage by permission of God is shortly to be intended to be had and solemnized[8] between the said David Jackson and the said Eliza Oliver, with whom he is to receive from the said William and Thomas Oliver as a marriage portion the sum of Three hundred pounds sterling NOW THIS INDENTURE WITNESSETH that for and in consideration of said intended marriage, and of the said sum of Three hundred pounds sterling to the said David Jackson in hand paid by the said William and Thomas Oliver before the signing and sealing of these presents the receipt and payment whereof is hereby acknowledged, the said David Jackson doth by these presents for himself his Heirs and assigns covenant and agree to and with the said Eliza Oliver, that in case the intended marriage shall take effect, and if the said Eliza Oliver should happen to survive her said intended husband the said David Jackson, she shall have and receive from the rents issues and profits of the said premises, of which the said David Jackson is so legally possessed of, one annuity of Twenty-Five pounds sterling, the same to be a charge and chargeable upon the said lands and premises and every part and parcel thereof and to be paid by equal half yearly payments to the said Eliza Oliver her executor administrators and assigns, on every first day of November and on every first day of May, the first half yearly payment to become due and payable upon the first day of November or first day of May, which shall first happen after the decease of David Jackson, to Have and to hold the said annuity to the said Eliza Oliver, her executors, administrators and assigns in full lieu and satisfaction of all dower or thirds for and during her natural life, and in case at any time after the decease of said David Jackson during the life time of his said intended wife the said Eliza Oliver, the said annuity or any part thereof shall be in arrear or unpaid when the days aforesaid stipulated for the payment thereof it shall and may be lawful to and for the said Eliza Oliver and her assigns to enter upon the said premises or any part thereof and distrain the same, and the distress and distresses then and there found, to take carry away dispose of according to law, until the said annuity, together with the costs of such distraining shall be fully paid off and discharged, which said annuity of Twenty five pounds sterling the said David Jackson Doth for himself his Heirs and assigns covenant and agree to and with the said Eliza Oliver and her administrators, executors and assigns shall as aforesaid be charged and chargeable upon all and singular the said lands tenements and appurtenances of which the said David Jackson is possessed as aforesaid - in witness whereof the parties before mentioned have hereunto set their hands and affixed their seals the day and year first above written
Signed Sealed and Delivered in presence of
Thomas McCullagh[9]
A.C. Bradford[10]
David Jackson
William Oliver
Elizabeth Oliver
[1] David JACKSON (1814-1889), son of John JACKSON(1780-1817) & Elizabeth McCULLAGH (1788-1880)
[2] William OLIVER This is a brother of Eliza OLIVER. I do not have a birth date for him, but he died October 15, 1873. Her brothers would be involved in the marriage debenture as both of her parents were already deceased.
[3] Thomas OLIVER. This is a second brother of Elizabeth OLIVER. I do not have a birth date for him, but he died May 4, 1867.
[4] Killynure, Co. Armagh in the parish of Lisnadill. This was the family farm where they had lived, although many other adjacent properties were leased.
[5] Eliza OLIVER (1815-1903)
[6] Benjamin OLIVER (1765-1831)
[7] The townland of Aughavilla encompassed 330 acres, so 89 acres is a sizable portion of it. I do not as yet have details of this ownership.
[8] They married February 7, 1838 at 1st Ballybay Presbyterian Church. I have been wondering about the choice of church and am speculating that Eliza may have been residing with relatives. She was ten years old when her mother died and 16 years old when her father died.
[9] Thomas McCULLAGH. I would venture a guess that this is an uncle of David JACKSON, hence the Thomas McCULLAGH who married Mary BRADFORD and had a daughter, Sarah McCULLAGH who in turn would marry a cousin, Thomas McCULLAGH (son of Thomas McCULLAGH & Jane REED). This uncle, Thomas McCULLAGH died about 1850 (he wrote a will May 18, 1849 and it was proved August 2, 1850). He was from Derrivalley.
[10] Andrew Coulter BRADFORD (1788-1847) . He was the only son of Thomas BRADFORD & Elizabeth BREAKEY and was also a brother of Mary BRADFORD (wife of Thomas McCULLAGH above) as well as of Elizabeth BRADFORD (mother of Eliza OLIVER). He died unmarried at Cavananore, Co. Louth.