The Silver Bowl: 1853 April 16 Deed

1853 Apr 16
DEED: 1853-10-214
OLIVER, Benjamin & Letitia – DOBBIN

NOTE: I have a photocopy.

NOTE: Although this deed was dated 1853 April 5, the memorial happened eleven days later. It would also be wonderful to understand why George Killen CAMPBELL of Portnaghy was the administrator of Benjamin OLIVER late of Lislooney
NOTE: I have not seen many of the deeds and deed renewals referenced in this deed.

To the registrar appointed by act of Parliament for Registering Deeds Conveyances and Wills in Ireland. A memorial of indented deed of assignment bearing date the fifth day of April in the year of our Lord one thousand eight hundred and fifty three made between William BROOKE [1] Esq. one of the Masters of Her Majesty's High Court of Chancery in Ireland of the first part and Mary CAMPBELL [2] of Portnaghy [3] in the County of Monahan widow the sole Executrix and residual legatee named in the last Will and Testament of Robert KILLEN [4] late of Portnaghy aforesaid farmer deceased of the second part. George Killen CAMPBELL [5] of Portnaghy aforesaid gentlemen administrator of the goods and chattels rights and credits of Benjamin OLIVER [6] Late of Lislooney in the County of Armagh gent deceased of the third part James OLIVER [7] of Lislooney of aforesaid farmer and Letitia OLIVER [8] otherwise SIMPSON his wife of the fourth part. Benjamin Robert OLIVER [9] of Lisloony aforesaid eldest son and heir apparent of the said James OLIVER by the said Letitia his wife of the fifth. part James WAUGH [10] of Cavanacagh in the said County of Armagh gent (surviving trustee named in a certain indenture of settlement executed on the marriage of the said James OLIVER and Letitia his wife bearing date the 18th day of June at 1830 and therein after recited) of the sixth part and Leonard DOBBIN [11] of Gardiners Place, Dublin Esq. of the seventh part. Thereby after reciting as they are in and amongst other things a decree of the High Court of Chancery in Ireland bearing date the fifth day of February 1852 made in a certain case wherein the said Mary CAMPBELL as such sole Executrix and Devisee of the said Robert KILLEN was plaintive and the said James OLIVER and Letitia his wife Benjamin Robert OLIVER then a minor, the said James WAUGH and several others were defendants and to the effect therein recited. It is witnessed that in pursuance of and obedience to the said Decree and for and in consideration of two sums of one hundred and sixty eight pounds fifteen shillings and five hundred and six pounds five shillings making together the sum of six hundred seventy five pounds the amount of his purchase money by the said Leonard Dobbin lodged as therein mentioned pursuant to the orders of the said court. They the said Mary CAMPBELL James OLIVER Benjamin Robert OLIVER James WAUGH and the said Letitia OLIVER by and with the consent of the said James OLIVER her husband she the said Letitia OLIVER made and by virtue and in pursuance of the provisions of an act of Parliament therein mentioned entitled “ an act for the abolition of fines and recoveries and for the substitution of more simple modes of assurance in Ireland” and each of them according to their respective estates and interests in the premises and by and with the approbation of the said William BROOKE did grant bargain sell assign alien and release and make over unto the said Leonard DOBBIN and to his heirs and assigns all that part and parcel of land in the townland of Lisluny otherwise Lisloony in the Estate of Wood Park and Manor of Caledon as formally demised by the therein recited Indenture of lease of the sixth day of February one thousand seven hundred and eighty-eight to and in the possession of Arthur OLIVER [12] and Benjamin OLIVER and as lately in the possession and occupation of the said James OLIVER party thereto together with the therein mentioned one acre of Turf Moss also lately in his possession in the Moss of Cavanapole in said lease described the whole containing by estimation 46 acres and two roods English statute measure be the same more or less and is situate lying and being in the Parish of Tynan Barony of Tureny and County of Armagh and as the same is meared and bounded on the North by the old Great Road formerly leading from Tynan to Keady on the east by the townland of Delea and Lislieagh on the South by the townland of Breaghy and on the West by the Tynan River together with all timber and other trees now standing or to be standing on the premises with the appurtenances accepting and reserving all such matters and things as in and by the said recited original indenture of lease of the sixth day of February 1788 is particularly [executed?] and reserved together with the said original indenture of lease and the renewal thereof of the 13th day of April 1829 To Hold and the said Leonard DOBBIN his heirs and assigns for and during the natural life of Henry IRWIN the fourth son of William IRWIN late of Mount Irwin the surviving [Cest qui vie?] named in the said Renewal of said original Lease and for such other life or lives and shall or may from time to time successively for ever thereafter be added to the said Demise pursuant to the covenant for renewal in the said Lease contained Subject nevertheless to the payment of the yearly rent and receivers fees and to the observance and performance of the covenants in the said recited original lease mentioned expressed and reserved but freed and absolutely acquitted released and discharged of and from the therein mentioned Judgment and Judgment Debt of Trinity Term 1822 (against the said Benjamin OLIVER at suit of John BURNS [13] . for Four Hundred Pounds in the Court of Common Pleas and therein recited) and also all of and from the therein mentioned Annuity of twenty five pounds granted by the said settlement of the 17th day of June 1832 or in trust for the said Letitia OLIVER during her life as therein and for the better and more effectually releasing and extinguishing the said annuity of twenty five pounds granted or secured by said settlement to or in trust for said Letitia OLIVER and thereby charged on the said lands and premises therein before granted and released and for the more effectually assuring the said lands and premises unto the said Leonard Dobbin his heirs and assigns free and discharged from all charges and encumbrances the said Letitia OLIVER by virtue and in pursuance of the provisions of the said act and for the considerations therein mentioned and by and with the consent and concurrence of the said James OLIVER her husband did thereby for herself her Exons Admors and Assigns release quit claim exonerate and forever discharge all and singular the aforesaid lands Bog and premises thereby granted and released and also the said Leonard DOBBIN his heirs Exons Admors and Assigns and every of them of and from the aforesaid annuity or yearly rent charge of 25 pounds so granted to or in trust for her in and by the said settlement of the 17th day of June 1830 as aforesaid and all arrears thereof and also all of and from all Dower or right or title to Dower of and Thirds which she the said Letitia OLIVER was or might by law become entitled to thereout on the death of the said James OLIVER her husband and all claims and demands an account thereof and all powers remedies and means for recovering the same To the End intent and purpose that the said Annuity and all Dower and right or title to Dower of her the said Letitia in to or out of the said premises lands bog [?] might be henceforth for ever barred and extinguished and that the said Lands and Bog and premises might be thenceforth held and enjoyed by the said Leonard DOBBIN his heirs and assigns freed and absolutely discharged of and from the same respectfully which said Deed and this Memorial as to the Execution thereof respectively by the said James OLIVER and Letitia OLIVER are respectively witnessed by Henry Leslie PRENTICE [14] of Caledon in the County of Tyrone Esquire and James McAREE of Tynan in the county of Armagh farmer

James OLIVER

Letitia OLIVER

signed and sealed in the presence of

Henry L. PRENTICE of Caledon JP

James McAREE farmer of Tynan

The within named Henry Leslie Prentice maketh oath and saith he is a subscribing witness to the deed of which the within is a Memorial and also to the said Memorial and said he saw the said deed in Memorial respectively duly executed by the said James OLIVER and Letitia OLIVER and saith the name Henry L. Prentice subscribed as a witness to the said deed and Memorial respectively is this deponent's proper name and handwriting

Henry L. PRENTICE

Sworn before me at Armagh in the county of Armagh this fifth day of April 1853 a Master Extraordinary of the High Court of Chancery in Ireland for taking affidavits in said county and I know the deponent

William BARNES [15] master extraordinary

22 folios

4 denominations

5 grantor's

Five minutes after one o'clock April 16, 1853

This is the location of the land that James OLIVER lost ion 1853. It had been in the hands of OLIVERs since at least the early 1700s.

[1] William BROOKE Esq.? A Brooke, Wm., was admitted as Queen's Counsel in 1826. He was resident at 33 Leeson Street, Lower, Dublin.

[2] Mary CAMPBELL(?-?) She is listed in Griffiths Valuation at this time, and was a sister of Robert KILLEN. NOTE: See also PRONI D266/337 Cash Book, Caledon Estate, Tyrone, American Emigrant Tenant Repayments. ... balance of Passage to America for Jas Oliver & family of Lislooney (various entries re amount given on credit, including expenses for train to Belfast, and a letter of credit on New York. Also involvement of L. Dobbin [Leonard Dobbin] in an earlier April 4th, 1853 payment and a Mrs. Campbell advancing money on Nov 8, 1853)

[3] AKA Portinaghy or Portinaughy, Parish of Donagh, Co. Monaghan.

[4] Robert KILLEN. SOURCE: KILLEN: Sacred to the memory of/ Robert Killen/ late of Portenaghy in this Parish/ wh departed this life on the/ 18th Decr. 1845./ And also his sister Mrs. Mary Campbell/ widow and relict of the late William Campbell/ of Dernalosset also in this Parish./ She departed this life on the 21st day of December 1864./ Also of his nephew George Killen Campbell/ who departed this life on the 15th/ day of May 1864.Here lyeth the remains of John Killen/ of Portenaghy who departed this life Oct. 29, 1794 aged 5 (7)? Years. St_Salvadors_Cemetery-Glaslough-2006.doc - RootsWeb

[5] George Killen CAMPBELL (-1864) of Portnaghy Co. Monaghan. He was most likely a son of Mary CAMPBELL. Why was he the trustee for Benjamin OLIVER?

[6] Benjamin OLIVER Late of Lislooney in the County of Armagh gent deceased. He died abt 1850 (will probated for a Benjamin OLIVER of Lishiny, Co. Armagh). I suspect that Lishiny is Lislooney. This Benjamin OLIVER was the son of Benjamin OLIVER (1717-1770) of Lislooney, and was also the brother of Arthur OLIVER. His grandparents were William OLIVER and Elizabeth HARDY. He was also the Benjamin OLIVER of Lislooney, father of Isabella OLIVER who died after a rapid decline” at age fourteen on April 9, 1816 (therefore b. Abt 1802 – his youngest daughter). SOURCE: Belfast Newsletter 1816, April 16. There was also a William OLIVER of Lislooney in 1718 and there is likely a connection here as well. SOURCE: Deed: 38-403-24787.

[7] James OLIVER (abt 1800-aft 1853), a son of Benjamin OLIVER of Lislooney married Letitia SIMPSON on June 17 1830. SOURCE: Belfast Newsletter. At Killeen cottage on Thursday 17^th inst by the Rev P. S. HENRY, James OLIVER of Lislooney to Letitia, younger daughter of the late William SIMPSON of Cavancaw

It seems he was bankrupt at an early age. SEE: Dublin Evening Post, 1825 Feb 24 and lost the lease to a premises on English Street.
See also: 1851 May 9 Dublin Evening Mail
1852 November 30 Dublin Evening Mail for sale of the land of Lislooney.

[8] Letitia OLIVER (abt 1805-aft 1853) née SIMPSON, daughter of William SIMPSON.

[9] Benjamin Robert OLIVER, eldest son of James OLIVER of Lislooney and Letitia SIMPSON. As a minor in 1852, he would have been born between 1832 and 1851.

[10] James WAUGH of Cavanacagh (AKA Cavanacaw, Parish of Lisnadill, Co. Armagh). This townland is one townland east of Farmacaffley. Why was he a trustee? This is likely pertinent.

[11] Leonard DOBBIN (1789-1881) -of Gardiners Place, Dublin Esq. NOTE: He was a lawyer, and related to the OLIVERs of Ballynahonebeg. He was a son of Thomas DOBBIN & Rhoda BROWN. He was the brother-in-law of Henry Leslie PRENTICE.

[12] Arthur OLIVER (abt. 1744- abt. 1798)

· SEE: 1738 February 6 Arthur and Benjamin OLIVER shared: all that part or parcel of land in the townland of Lissluny in the Estate of Woodpark and Manor of Caledon then in the possession of the said Arthur OLIVER and Benjamin OLIVER together with one acre of Turf Moss then in their possession in the Moss of Cavanapole

· SEE: 1770 April 26 he was a witness to a deed involving David OLIVER. It involved 100 acres on the west side of the townland of Laragh, Co. Monaghan as well as some water rights.

· SEE: 1770 July 30 David OLIVER of Ballyrea, Co. Armagh sold his lease rights for Lands of Laragh & Carnacaraff. - both in Co. Monaghan - as well as the Mill at Creevey (also Monaghan) with 8 acres of land and lands in Ballymogonan in Co. "Dorone" to Arthur OLIVER of Balinahone Beg, Co. Armagh. NOTE: Ballymogonan in Co. "Dorone" is probably Ballymagowan, Parish of Clogher, Co. Tyrone.

· SEE: 1770 October 31 echoes 1770 July 30 .

· SEE: 1782 Sept 7 Robert JACKSON was paid £850 by Arthur OLIVER & Sarah SEAVER & set over to Arthur OLIVER & Sarah SEAVER all the lands of Ballynahonebegg in Parish of Armagh possessed by Thomas VERNER. Thomas VERNER was the executor of the deceased Benjamin OLIVER – who I believe was the Benjamin OLIVER (1717-1770), father of Arthur & Benjamin. NOTE: I am curious about whether there may have been a marriage relationship between the OLIVERs and SEAVERS.

· SEE: 1784 Feb 10 [refers to] Deed of partition made between Sarah SEAVER & Arthur OLIVER 15 Nov 1783 that Sarah SEAVER (executor etc) would have ½ of all rents and fines issuing out of the part of said premises held by Thomas VERNER Esq. And also ½ rents and fines of part in possession of Arthur OLIVER called the bleach green and half of her late husband’s legacy

· SEE: 1789 April 15 – he was a farmer at Ballinahonebeg. Robert WILSON the younger in consideration of £5 sterling to be paid by Arthur OLIVER did sell transfer and make over unto the said Arthur OLIVER his exec ... all the liberty of Beetling, Washing & rubbing cloth at said mill of Ballinahonebeg which his father Robert WILSON the elder hd resd to hold to the said Arthur OLIVER.

· SEE: 1793 February 13 He held a lease to Ballinahonebeg jointly with Sarah SEAVER.

· SEE: 1853 April 16. This will recites the abovementioned lease of 1788 Feb 6

NOTE:, a Robert Oliver who was a son of another Arthur OLIVER (of Drumkirwan, Clogher, Co. Tyrone - and who lived a generation after this Arthur OLIVER) married Eliza MULLEN of Cavan Moutray - on 9th Dec 1858. Since Arthur is not a common OLIVER name, this record may be important to keep in sight (Thanks to Jack Storey for this).

[13] John BURNS? It is possible that he was a relative of Bryan BURNS of Laragh mentioned in the 1770 Nov 21 DEED: 283-214-183826.

[14] Henry Leslie PRENTICE, b. 1794 and d. 13 Oct 1869. He was a Justice of the Peace and lived in Caledon. He m. Anne DOBBIN on 2 Oct 1838. She was b. 1799 and d. 22 Sep 1863 and was the dau. of Thomas DOBBIN and Rhodda BROWN. SOURCE: James Prentice of Co. Wicklow, Ireland By Linus Joseph Dewald Jr., Editor http://www.prenticenet.com/news/2001/james_prentice_cowicklow_ireland.htm

See also: ROD 839-290-563290 Sept 19, 1828. DOBBIN, Anne-Marriage Article. Between Henry Leslie PRENTICE of City & Co. Armagh Esq. Of 1st part Anne DOBBIN of said Co. Spinster of 2nd part & Thomas Kelly EVANS & Leonard DOBBIN younger, both of City of Armagh of 3rd part ... marriage between Henry PRENTICE & Anne DOBBIN ... for £1000 marriage portion ... expiration 15 years from death of Thomas PRENTICE late of said City & Co. Armagh deceased, uncle of Henry Leslie PRENTICE ... town and lands of Ennislare Muniepatrick & Drumconnell Parish & Co. Armagh also tenement south side of Scotch Street & one on Thomas Street & Abbey Lane held under Robert McCULLAGH (more lands - a long deed) WITNESS: Alexander John DOBBIN, City of Armagh; Charles ELLIOTT of City of Dublin, Clerke to Messrs John DOBBIN & Co.

[15] William BARNES?