The Silver Bowl: 1839 May 11

1839 May 11

Deed: 1839 10 110

SNAPSHOT: The famous Dr. Thomas COULTER (botanist) made over to his brother Robert COULTER the lands known as The Stump.

To the register appointed by Act of Parliament for registering deeds conveyances wills etc.

A Memorial of a certain indenture of conveyance bearing date the 11th day of May 1839 and made between Thomas COULTER[1] of the city of Dublin Esq. Dr. of Medicine of the one part and Robert COULTER[2] of Dundalk in the County of Louth Esquire of the other part. Whereby after reciting as therein said indenture witness that the said Thomas COULTER for the considerations therein mentioned granted bargained sold aliened released and made over and by said Presents did grant bargain sell alien release makeover and confirm unto the said Robert COULTER in his actual possession than being as therein and to his heirs and assigns all that and those that part of the lands of Killen and part of Kane called the Stump[3] and that part of the lands of Ballinshull[4] formerly in possession of Edward McARDELL containing by estimation 14 acres in one Rood and also all that part of the lands of Kane[5] aforesaid forming the possession of John JOHNSTON being part of the farm of Marble Hill[6] formally occupied by Charles [LYNAM?][7] and containing about 18 acres the said three denominations containing with all as described by the map or survey there of thereunto annexed 83 acres two roods and 30 perches Irish plantation measure be the same more or less situate lying and being in the Manor of Roche Parish of Roche and Kane Upper half Barony of Dundalk and County of Louth aforesaid to hold to the said Robert COULTER his heirs and assigns for and during the lives of the Cestui qui vies[8] named in a certain indenture of release of the 30th day of January 1794 mentioned and contained and for and during the lives in the life of all such other person and persons as should forever thereafter be added thereto by virtue of a covenant for perpetual renewal therein contained subject to the rents and covenants herein and said indenture contains the usual covenants of warranty right to convey further assurance and quiet enjoyment and the execution of said deed and of this Memorial respectively is witnessed by Samuel COULTER of Dundalk in the County of Louth gent and J. H. RANSON[9] of Dundalk in the County of Louth writing clerk Thomas COULTER. [Seal] Robert COULTER. [Seal] Signed sealed and delivered in presence of Samuel COULTER J. H. RANSON. The above named J. H. RANSON maketh oath and saith that he did see the above named Thomas COULTER and Robert COULTER duly sign seal and deliver the deed of which the above is a Memorial and that he did also see the above named Thomas COULTER and Robert COULTER duly sign and seal the above Memorial and that the name J. H. RANSON thereunto respectively subscribed as a witness to this something proper name and hand writing J. H. RANSON. Sworn before me at Dundalk in the County of Louth the 15th day of May 1839 by virtue of a commission of her Majesty's Court of Queen's Bench in Ireland to me directed for taking affidavits in said County and I know the deponent. [?] John PURCELL[10]. Containing 10 sheets a true copy. A. WILSON[11].

[1] Thomas COULTER of the city of Dublin Esq. Dr. of Medicine. This is the Thomas COULTER (1893-1843) who was the famous botanist whose name lives on in the white-flowered matilija (a California tree poppy) known as Romneya couteri. He was orphaned by age ten, but went on to live a life of adventure and success as chronicled in A Man who can Speak of Plants: Dr. Thomas Coulter (1793-1843) of Dundalk in Ireland, Mexico and Alta California. . Charles Nelson & Alan Probert ,1994, Dublin (privately published in a limited edition of 500)

[2] Robert COULTER of Dundalk in the County of Louth Esquire. He is likely the Robert COULTER (1801-1861), son of Samuel COULTER & Anne DICKIE. He was a solicitor and first Secretary of the Lighting Paving and Improvement Committee, in1832. SOURCE: Tempest Annual Centenary 1859-1959

[3] Part of the lands of Killen and part of Kane called the Stump. On at least one map, the lands referred to as Stumpa are southern border of Kane and the northern border of Killen (i.e. between the two). This was the land left to Thomas COULTER by his father.

[4] Ballinshull. I suspect that this must be Ballinfuil, a townland of 369 acres in the Parish of Roche, Co. Louth.

[5] Kane, Parish of Kane, Co. Louth.

[6] Marble Hill?

[7] Charles [LYNAM?]

[8] Cestui qui vies NOTE: A tenant pur autre vie is in the same position as an ordinary tenant for life except that his leases will determine, not on his own death, but on that of the cestui qui vie, or rather at the expiration of the then current year of the tenancy (b); and he may therefore make a lease to commence after his own death (c). SOURCE: A Manual of the Law of Landlord and Tenant. By Horace Smith, Thomas Spooner Soden, Lewis W. Cove. 1871.

[9] J. H. RANSON of Dundalk in the County of Louth writing clerk. NOTE: I know nothing more.

[10] John PURCELL NOTE: I know nothing more.

[11] A. WILSON NOTE: I know nothing more.