1851 April 28 DEED: 1851 12 97
To the Register appointed by Act of Parliament for registering deeds wills and so forth.
A Memorial of a Deed of Trust the date of the 28th day of April in the year of our Lord 1851 between Henry COULTER[1] of Carrickastuck[2] in the County of Louth farmer of the one part, and William CHARLETON[3] of Philipstown[4] Esq. and Ann COULTER[5] widow of Carrickastuck both in the County of Louth. Andrew HAMILTON[6] of Longfield[7] in the County of Monaghan farmer and James TREACY[8] of Philipstown aforesaid farmer trustees for the purposes therein stated. Reciting that said Henry COULTER was seized of the title of the original lease in the lands therein after mentioned demised by a certain lease for lives renewable forever, dated the 28th day of January 1819 and made between Alexander DONALDSON[9] of the one part and one Henry COULTER of the other part, and reciting that said Henry COULTER being desirous of making a provision for his brothers and sisters had agreed to charge said lands with 250 pounds and to settle the same on the trusts therein after mentioned said indenture witnesseth that in consideration of love and affection and five shillings each paid to said Henry COULTER by the parties of the second part the said Henry COULTER had granted bargained and sold to the parties of the second part all that and those that part of the lands of Carrickistuck containing 44 acres three roods and 30 perches Irish plantation measure in the same more or less comprising demised by the said indenture of lease of the 28th day of January 1819 situate in the Manor of Roche Barony of Dundalk and County of Louth aforesaid. To hold said lands to the use of the parties of the second part the survivor and survivors of them and the heirs and assigns of such survivor for the lives of the surviving Cestui qui vies[10] in said original lease mentioned and also for the lives thereafter to be inserted by virtue of a covenant for perpetual renewal upon the trusts thereafter states in trust that the said parties of the second part the survivors of them and the heir of each survivor shall after the expiration of 10 years from 1 November 1850 buy out of said lands 250 pounds and shall divide said sum among Mary[11], Eliza[12], William[13], Ralph[14], Sarah Anne[15], John[16] and Margaret COULTER[17] in such shares and proportions as they should think proper. In trust also that said Henry COULTER should remain in the possession of said lands and reserved for his own use and benefit the rents issues and profits thereof and to the brothers and sisters of the said Henry COULTER or such of them as shall remain unmarried within 10 years to reside with and be supported by him and further that the said trustee shall have the power to exonerate said Henry COULTER from all liberty to support his said brothers and sisters, that said Henry COULTER will not be liable in any action at law or equity for their support and that at the expiration of said 10 years and so soon after as 250 pounds shall be paid as satisfied by said Henry COULTER his heirs and assigns said trustees and the survivors and survivor of them and the heirs or assigns of such survivor shall we convey the said premises to said Henry COULTER, and which deed and this Memorial are respectively witnessed by Richard LONDON[18] of Castletown in the County of Louth writing clerk and Joseph DICKIE[19] of Dundalk in the said County of Louth gentleman attorney at law. Henry COULTER [seal]. Signed sealed and delivered in presence of Joseph DICKIE Richard LONDON [Son?] Richard LONDON of Castletown in the County of Louth writing clerk maketh oath and saith that he saw the said Henry COULTER sign and seal the deed of which the above writing is a Memorial and also this Memorial and that the name of Richard LONDON subscribe thereto as a witness is this deponent's name and proper handwriting. Richard LONDON. Sworn before me at Dundalk in the County of Louth this fifth day of May 1851. A commission for taking affidavits for the Superior Courts of Common Law in Ireland in and for said County and I know the deponent. [Jos?] H HARRIOTT[20]. 12 folios. A true copy [?].
[1] Henry COULTER of Carrickastuck in the County of Louth farmer. I suspect he is the one who is the son of Ralph COULTER and grandson of another Henry COULTER. [2] Carrickastuck, a townland of 229 acres in the Parish of Phillipstown, Co. Louth. [3] William CHARLETON (1798-1875) of Philipstown Esq. He was the son of William CHARLETON and Dorothea DONALDSON. He lived with his uncle Alexander DONALDSON in Phillipstown and died unmarried and left all his real estate to his nephew, Thomas William BELL. SOURCE: Irish Edition of Alexander ban DONALDSON p252. [4] Philipstown The house at Phillipstown which was begun by Alexander DONALDSON (1771-1843) was completed by his nephew Thomas William BELL who inherited it after Alexander DONALDSON’s death. [5] Ann COULTER widow of Carrickastuck [6] Andrew HAMILTON of Longfield in the County of Monaghan farmer This is interesting since it is a townland that also occurs in reference to Robert BRANNAN jr. of Longfield, Co. Monaghan in: 1776 Dec 4 DEED: 323 232 213562. [7] Longfield This is interesting since it is a townland that also occurs in reference to Robert BRANNAN jr. of Longfield, Co. Monaghan in: 1776 Dec 4 DEED: 323 232 213562. [8] James TREACY NOTE: A Henry TRACY has a small holding in Carrickistuck at the time of Griffiths Valuation. [9] Alexander DONALDSON (1771-1843), uncle of William CHARLETON. Alexander DONALDSON (1771-1843), of Philipstown in the County of Louth Esquire. A well to do man who started building Phillipstown House in Co. Louth in 1826. When his nephew Alexander Charleton died in 1828, he was grief-stricken enough to stop work on it. "After Alexander Charleton's death his brother William Charleton came to live with him and died there on 25Sept1875 age 77, unmarried. This William in his will dated 24 April 1872 left all his real estate to his nephew Thomas William BELL who completed building the house." The will of Alexander Donaldson (dated 25 May 1843) left his relatives Alexander McELROY part of his land - also William CHARLETON. "In 1834 he owned 30 good acres in arable state, 10 acres arable, 10 acres pasture and 2 marsh." He also owned land in Annaletten, Co. Monaghan and in Gibstown, Co. Louth; he served on the Grand Jury of Louth and was also High Sherriff. SOURCE: Irish Edition of Alexander ban DONALDSON p252 and 254. [10] 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. [11] Mary COULTER, daughter of Ralph COULTER. [12] Eliza COULTER. · An Eliza COULTER, daughter of Ralph COULTER married a George HAMILTON son of Matthew HAMILTON February 17, 1860. Registered in Barronstown, Co. Louth. SOURCE: COULTER: Vital Statistics Table. (in my files from IGI). [13] William COULTER son of Ralph COULTER. [14] Ralph COULTER. · There is a gravestone at the Kane Old Graveyard : COULTER Sacred to the Memory of Ralph COULTER Barronstown also his son William who died 14th April 1913 Erected by the above William. SOURCE: http://www.faughart.com/inscriptions-page5466.html · In June 28, 1841, Freeman’s Journal and Daily Advertiser: Application and grant of bail – Ralph COULTER, in gaol in Dundalk charged with forgery. In 1841, A Ralph COULTER was involved in a forgery. "he was an extensive farmer, and well able to give substantial bail" · He is recorded as a freeholder in the Voters List COULTERs http://www.jbhall.freeservers.com/1842%20Voters%20A%20to%20G.htm [15] Sarah Anne COULTER daughter of Ralph COULTER [16] John COULTER son of Ralph COULTER [17] Margaret COULTER daughter of Ralph COULTER [18] Richard LONDON [perhaps LONDAN] of Castletown in the County of Louth writing clerk. There may be no link at all, but in the 1911 census a LONDAN family on English Street, Armagh City has a boarder named John Hamilton COULTER (b. 1878). They also have a son named William Jackson LONDAN. [19] Joseph DICKIE (1821-1877) of Dundalk in the said County of Louth gentleman attorney at law. HE was born at Annaghvackey, Co Louth and married Kathleen WALLACE, and they had no children. He was the son of Mary Anne WALLACE and Robert DICKIE. [20] [Jos?] H HARRIOTT
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