1866 January 13

SOURCE: Louth County Archives: PP/53/14

Oswald DONALDSON to William CHARLETON.

Release.

 

NOTE: Regrettably, as of the time of posting this deed, I know next to nothing about the likely nieces and nephews of William DONALDSON. Hopefully, I learn more through the very act of posting it.

 

This indenture made the 13th day of January in the year of our Lord 1866 between Oswald DONALDSON[1] of Sytrim[2] in the County of Armagh, farmer, of the first part, Ann Charleton ANDERSON[3] of Philadelphia in the United States of America widow, by the said Oswald DONALDSON her attorney of the second part, Samuel DONALDSON[4] of Clohog in the County of Armagh, farmer, of the third part, Elizabeth LOWE[5] otherwise DONALDSON, the wife of Robert LOWE[6] late of Clohog aforesaid, now believed by the said Elizabeth LOWE to be dead, of the fourth part. John ROBINSON[7] of Clohog aforesaid farmer and Margaret ROBINSON[8] otherwise DONALDSON his wife of the fifth part, and William CHARLETON[9] of Philipstown in the County of Louth gentleman of the sixth part. Whereas William DONALDSON[10] late of Freeduff[11] in the County of Armagh, farmer, by his last will and testament bearing date the 12th day of November 1815, amongst other bequests therein made bequeathed the sum of 500 pounds late Irish currency to the trustees and executors therein named, upon trust to the use of his wife Barbara DONALDSON[12] during her life and after her decease upon trust to divide the said sum amongst the nephews and nieces of the said testator who should survive the said Barbara DONALDSON. And whereas the said William DONALDSON afterwards died without altering or revoking his said will which was duly proved according to law, and whereas the said Barbara DONALDSON departed this life on or about the first day of April last. And whereas the said Oswald DONALDSON Ann Charleton ANDERSON Samuel DONALDSON Elizabeth LOWE and Margaret ROBINSON parties hereto were the only nephews and nieces of the said William DONALDSON who survived the said Barbara DONALDSON = and whereas each of them the said Oswald DONALDSON, Ann Charleton ANDERSON, Samuel DONALDSON, Elizabeth LOWE and Margaret ROBINSON is entitled under said will too of fifth part or share of the said sum of 500 pounds, viz, to the sum of 92 pounds, six shillings and two pence present currency and whereas the said parties hereto of the first, second, third, fourth and fifth parts have agreed to accept of payment of their respective shares by a present payment in cash of one half thereof and a payment of the remainder with interest there due at the rate of 6 pounds percent per annum on the 13th day of January 1877, same to be secured in the meantime by the promissory notes of the said William CHARLETON = and whereas the said William CHARLETON, before the sealing and delivering hereof has paid to each of the said parties hereto of the first, second, third, fourth and fifth parts the sum of 46 pounds, three shillings and one penny in cash, and given to each of them his promissory note for the remainder of their respective shares, with interest thereon as aforesaid, after all fair and proper allowances and deductions as they do hereby acknowledge. Now this indenture witnesseth, that in consideration of the premises the said parties hereto of the first, second, third, fourth, and fifth parts, do and each of them hereby for them and each them their and each of their executors and administrators acquit release then fully and absolutely discharge the said William CHARLETON his executors and administrators of them from the said sum of £500 so bequeathed, as aforesaid, and every part thereof and all claims of every kind in regard thereof, and they do hereby for themselves and each of them hereby for himself and herself and their and her executors and administrators covenant with the said William CHARLETON, that they and they alone are the nephews and nieces of the said William DONALDSON who survived the said Barbara DONALDSON and that they and each of them have and hath not signed, mortgaged or in any way prejudiced their or either of their shares of or interest in the said sum of 500 pounds and that they have and each of them have full legal power and absolute authority to receive the said legacy, and give this discharge therefore according to the true intent and meaning of these presents. And that they and their executors administrators will keep harmless and indemnify the said William CHARLETON his executors and administrators from and against all claims in respect thereof by any other person and persons whomsoever and the said Samuel DONALDSON and John ROBINSON do hereby each of them for himself and his executors and administrators covenanted agree with the said William CHARLETON his executors and administrators that in case it shall prove to be incorrect that the said Robert LOWE is dead and that he at any time shall return to this country, they shall be accountable to the said William CHARLETON his executors and administrators for the sum so paid and secured as aforesaid to the said Elizabeth LOWE, in case the same shall be required or demanded by the said Robert LOWE or paid a second time by the said William CHARLETON or his executors are administrators. Provided always and his hereby agreed that this deed shall not have operation to discharge the said William CHARLETON his executors or administrators from the sums of money for which he has given his promissory notes as aforesaid until same shall have been fully paid = in witness whereof the parties aforesaid have hereunto signed their names and affixed their seals the day and year first herein written

 

Signed sealed and delivered by the said Samuel DONALDSON Elizabeth LOWE John ROBINSON and Margaret ROBINSON (the words “first day of November next” being first struck out and the words “13th day of January 1867” in tree-lined = and the contents of the something having been truly read to Mrs. LOWE and Mrs. ROBINSON before they put their marks thereto - in presence of Alexander BELL[13] solicitor Dublin

Thomas BELL[14]

Signed sealed and delivered by the said Oswald DONALDSON Ann Charleton ANDERSON by Oswald DONALDSON her attorney in presence of Alexander BELL, solicitor, Dublin. John D. BELL[15].

 

Oswald Donaldson

Anne Charleton Anderson

Oswald Donaldson Her Attorney

Samuel Donaldson

Elizabeth [Her Mark][16] Lowe

John Robinson

Margaret [Her Mark[17]] Robinson

 

 

NOTE: Following this are the various receipts for payment which I did not transcribe.Of interest is that a David DONALSON[18] was a witness for Elizabeth LOWE.