1838 August 15

DEED: 1838 16 06

SNAPSHOT: William BAILIE had about 153 acres at Annaghvackey and Trea and was intending to marry Adelaide de Louise de GUERIN.

To the register appointed by act of Parliament for the public registry of deeds and so forth.

A Memorial of an Indented deed of Settlement bearing date the 15th day of August in the year of our Lord 1838 made between William BAILEY[1] of Annaghvackey[2] in the County of Louth Esquire of the first part Adelaide Louisa de GUERIN[3] of Armagh in the County of Armagh spinster of the second part and Hugh CAMPBELL[4] of Warrenpoint[5] in the County of Down gentlemen and James CARLOW[6] of Armagh in the County of Armagh gentleman of the third part. After reciting the said William BAILEY was seized of and well entitled in fee simple or other descendable property in possession to the Several Messuages or Tenements lands hereditaments and premises containing 153 acres or thereabouts situate lying and being in the townlands of Tray[7] and Annaghvackey in the Parish of Creggan and County of Louth there \in and herein after more particularly mentioned and described and reciting that a certain marriage had been agreed upon and was intended to be shortly had and solemnized between the said William BAILEY and the said Adelaide Louisa de GUERIN and said indenture of which this is a Memorial then witnessed that the said William BAILEY in pursuance of said agreements and in consideration of said intended marriage and for and in consideration of a sum of 10 shillings of the lawful money of Great Britain and Ireland by each of them the said Hugh CAMPBELL and the said James CARLOW paid to the said William BAILEY as therein did grant bargain sell release and confirm unto the said Hugh CAMPBELL and James CARLOW in their actual possession then being by virtue of a bargain and sale to them thereof made by the said William BAILEY in consideration of the ten shillings sterling for him whole year by indenture bearing date the date next before the day of the date of said indenture of which this is a Memorial and by force of the statues for transferring uses into possession and their heirs and assigns all that and those the said Messuage or Tenements lands hereditaments  and premises containing 105 acres or thereabouts English statute measure situate lying and being in the town land of Tray and all that and those the said Messuage or Tenements lands hereditaments and premises containing 50 acres or thereabouts English statute measure be the same more or less the town land of Annaghvackey aforesaid all which said several Messuage or Tenements lands hereditaments and premises are situate lying and being in the Parish of Creggan Barony of Upper Dundalk and said County of Louth and all singular other the premises thereby granted and released or intended to be with their and other appurtenances and the reversion and reverses with remainder and remainders yearly and other the rents issues and profits thereof and all the Estate Right Title and Interest use Trust possession property claim and demand whatsoever both at Law and in Equity of him the said William BAILEY of into out of or upon the said several Messuages or Tenements Lands hereditaments and premises hereby granted and released or intended to be. To have and to hold the said several Messuages or Tenements Lands hereditaments and premises and all and singular other the premises thereby granted and released in every part and parcel thereof with their and every of their appurtenances onto the said Hugh CAMPBELL and James CARLOW their heirs exors admons and assigns forever nevertheless to the uses upon the trusts for the interests of and purposes under and subject to the powers provisos limitations declarations and agreements therein and herein after mentioned limited expressed and declared of and concerning the same and to and for no other use trust intent or purpose whatsoever that is to say to the use of the land William BAILEY and his heirs until the solemnized nation of said intended marriage and immediately from and after the solemnization thereof upon the trusts to the use intent and purpose of the said Adelaide Louisa de GUERIN in case she should survive the said William BAILEY her said intended husband should and might from and immediately after the decease of the said William BAILEY yearly have reserve take and enjoy for and during the term of her natural life one annual sum or yearly rent charge of 100 pounds of lawful money of Great Britain and Ireland clear of all deduction whatsoever to be yearly issuing going and payable out of deeds chargeable upon all and singular the said Messuages or Tenements Lands hereditaments and premises such yearly rent charge to be in full of all dower or thirds at Common Law to be paid by two even and equal payments on every first day of May and first day of November in every year the first half yearly payments to be made on such of the first days as shall first happen after the decease of said William BAILEY and upon trust immediately after the decease of the said Adelaide Louisa de GUERIN and to permit and suffer the said Hugh CAMPBELL and James CARLOW to take and receive the said yearly rent charges of £100 to and for the use and behoof of the issue of the said intended marriage it any such there should be in such manner and in such shares and as such time and times as the said William BAILEY by deed by him duly executed under his hand and seal or by his last will and testament should direct limit and appoint and in failure of such appointment to such issue of more than one child in equal shares as tenants in common and other several in respect of heirs and assigns forever and in case there should be but one child then to the use of such child and in case there should be no issue of said intended marriage then in trust to the use of the said William BAILEY his heirs and assigns for such other person or persons as should be legally entitled then to them remainder and it was thereby further agreed and declared that in case the said Adelaide de GUERIN and should survive the said William BAILEY and should enter marriage with any other person or persons then in such case she should receive the said yearly rent charger annual sum of 100 pounds to her own sole and separate use and benefit exclusively and independently of any husband or husbands she might have and without being subject to his or their control debts interference or engagements and her receipt in receipts to be effectual discharge or discharges and said deed of which this is a Memorial contains a covenant that in case the said William BAILEY should become bankrupt or insolvent the said yearly rent charge of £100 should be during the joint lives of him the said William BAILEY and the said Adelaide Louisa de GUERIN paid with the proper hands of the said Adelaide Louisa de GUERIN for her home her use and benefit and not to be subject to the debts contracts engagements or control of the said William BAILEY and her receipt or receipts to be sufficient discharges or discharges notwithstanding her Coverture and said deed contains a further Covenant that if at any time after the solemnization of said intended marriage and during the life of said Adelaide Louisa de GUERIN any real estate should be given or debased or come or descend to or devolve upon the said William BAILEY then and in such cases as the same should so happen the said William BAILEY his heirs exores admons and assigns should and would add his and their own proper costs and charges make duly execute or cause to be made down and executed all such asked deeds conveyances and assurances in the law whatsoever as the said Hugh CAMPBELL and James CARLOW the survivor of them or the heirs and exors and admonds of such survivor or her or their counsel in the law should think necessary and proper for the more effectually leasing said rent charge annual sum of 100 pounds and aforesaid which said deed of which this is a Memorial contains several other claims covenants and agreements you shall reference being thereunto had will more fully and at-large appear in same as to the execution thereof by the said William BAILEY Adelaide Louisa de GUERIN and Hugh CAMPBELL and James CARLOW is witnessed by John STANLEY[8] Junior of Armagh in the County of Armagh gentleman attorney at law and Robert RIDDELL[9] of Armagh aforesaid Notary Public and the Memorial as the execution thereof by the said William BAILEY is also witnessed is witnessed by the said John STANLEY Junior and by the said Robert RIDDELL. William BAILEY. [Sealed] Sealed and signed and sealed the words and Robert RIDDELL of Armagh aforesaid notary public being first witnessed in the second line from the bottom in presence of John STANLEY Junior attorney at law. Robert RIDDELL Notary Public. The above named John STANLEY Junior maketh oath and says that he is subscribing witness to the execution of the deed of which the above writing is a Memorial and also to said Memorial saith he saw deed duly signed sealed and executed by the above named William BAILEY Adelaide Louisa de GUERIN Hugh CAMPBELL and James CARLOW the executing parties thereto and said Memorial also duly signed sealed and executed by the said William BAILEY and saith that the name of John STANLEY Junior subscribed as a witness to the execution of said deed and Memorial respectively is deponents proper name and hand writing John STANLEY sworn before me at Armagh in the County of Armagh the 17th day of August 1838 by virtue of a commission to me directed fourth of her Majesty's High Court of Chancery in Ireland for taking of affidavits in and for said County and I know the deponent. William BLAIR[10]. Master Extraordinary in Chancery 25 sheets. A true copy. [Cli?bbon]