1900 October 31

 

BACKGROUND: This Deed represents something of an end to a more than five decade long dispute that took place within the extended family of Thomas JACKSON and Samuel BRADFORD. The last leg of it began with concerns by the JACKSONs about the mismanagement of properties by at least one if not all of the trustees of the estate of Andrew Coulter BRADFORD.

 

One of the most notable “bête noirs” , in the eyes of the JACKSONs, was Samuel BRADFORD (b. Btw 1836-1840 – died 1915 in Janeville, Dunleer, Co. Louth). According to Bassetts 1886, he was a magistrate, a J.P. and a landowner who lived at Carnbeg. According to the JACKSONs, he was a scoundrel. News reports and court cases would seem to give some credence to their perspective. Samuel BRADFORD was the son of Thomas BRADFORD & Margaret WALLACE. He married Sarah Louisa WILSON and they had two known children. Although he was referred to as a “cousin: of Sir Thomas JACKSON, he was actually a 2^nd cousin, once removed.

 

In fact controversies about the land long preceded the actions of the ill-remembered Samuel BRADFORD and the trustees who enabled his actions. Wendy JACK’s notes on the letter dated February 16, 1799 from George Jackson to his nephew John Jackson are very helpful: This letter …  proves the connection between Barbara Coulter and her brother John Coulter (described as John Jackson's uncle, but actually his great uncle.) It mentions a Mr Birch who is about to leave the country – probably Thomas Ledlie Birch, voluntarily exiled for his involvement in the 1798 uprising. It makes reference to "Mrs Coulter's will"; this would be 1790 will of Martha (Cowen) Coulter. It says "your friends in Cavananore seem very anxious to get Joe Coulters property into their clutches". This refers to Joseph Coulter, son of John Coulter and Martha Cowen. The "friends in Cavananore" are probably Elizabeth (Breakey) Bradford (niece of Thomas Ledlie Birch), her son Andrew Coulter Bradford, and her brother-in-law Samuel Bradford. The letter also mentions "the Bonds due to your Aunt and Uncle Coulter"; this would seem to be either Nathaniel Coulter or another, as yet unknown brother of Barbara (Coulter) Bradford. SOURCE: http://www.thesilverbowl.com/letters/1799Feb16_GeoJACKSON_JohnJACKSON.html   

 

 

There is a lengthy description of the more recent controversy in 1847 as part of the Case on behalf of Barbara DONALDSON (1783-1865 nèe BRADFORD) of Dublin (previously of Cavananore). SOURCE: http://www.thesilverbowl.com/documents/1847_will_AC_Bradford.htm

This is a most interesting case. Barbara DONALDSON was the sister of Andrew Coulter BRADFORD, both of them children of Thomas BRADFORD & Elizabeth BREAKEY. Not all the Trustees appointed to deal with A.C. BRADFORD’s will had wanted to follow through with their duties and the upshot was that John Birch GILLMER was left holding the bag.  He then decided on his own to let BRADFORD’s niece Mary Jane OLIVER and Andrew Coulter BRADFORD’s sister Margaret BRADFORD continue to live on the property rather than selling everything off. This meant that those who had inherited annuities (for example, Barbara DONALDSON) were getting short shrift.  The advantage also went to his niece Sally McCULLOGH wife of Thomas McCULLOGH of Dunraymond since she still received the bequeathed interest on a bond of £1,100 owed by her husband - even though the annuities bequeathed to others were being left unpaid. It was even more galling that the value of the assets were quite probably diminishing due to mismanagement.

 

So, eventually, Sir Thomas JACKSON “rode to the rescue”, as they say.

 

I am including an outline of what I know concerning both Samuel BRADFORD’s transactions relating to these properties as well as the family responses to his actions. SEE: Events involving Samuel BRADFORD and Cavananore. For earlier history see: Cavananore. For much of this work, I am standing on the shoulders of Wendy JACK, who put in untold hours trying to make sense of it all.

 

NOTE: See the end of this document for links to maps.

 

In the High Court Justice in Ireland, Chancery Division: Land Judges.

 

COUNTY OF LOUTH.

 

SALE ON WEDNESDAY, THE 31st day of OCTOBER 1900

 

In the matter of the Estate of Samuel BRADFORD[1], owner and Petitioner, In the matter of the Estate of Thomas JACKSON[2], Representative of the Residual Legaties[3] named in the Will of Andrew BRADFORD[4], Deceased, - Owner of Land And in the Matter of the Partition Acts 1868 and 1876.

RENTAL

 

LOT 1 of this Estate in subject of a separate Rental[5].

LOT 2 -- part of the lands of CARNBEG[6], containing 129 acres one rood and 37 perches, statute measure, situate in the Barony of Upper Dundalk and County of Louth, lately held under lease dated 25th of August, 1868, made by the Earl of Roden to Thomas BRADFORD for the term of 31 years, from 1 November 1865, and since the expiration of said lease under tenancy from year to year, at the yearly rent of £246.

LOT 3 -- part of the lands of SPORTSMAN'S HALL[7], containing 90 acres two roods and 29 perches, statute measure; part of the lands of MOORLAND[8], containing 4 acres two roods and 34 perches, statute measure; and part of the lands of BALRIGGAN[9], containing 7 acres like measure, all situate in the Barony of Upper Dundalk and County of Louth, held under tenancy from year to year, at the yearly rent of £210.

LOT 4 -- Part of the lands of CAVANANORE[10], containing 47 acres three roods and 20 perches, statute measure, situate in the Barony of Upper Dundalk and County of Louth, formerly held under agreement for lease, dated 14th January, 1863, for 20 years, from first November, 1862, and since the expiration of said lease, under tenancy from year to year, at the yearly rent of £50.

LOT 5 -- part of the lands of BALLYNAHATTIN[11], containing 101 acres and 19 perches, statute measure, situate in the Barony of Upper Dundalk and County of Louth, held in fee simple.

LOT 6 -- part of the lands of DOWDALL’S HILL[12], containing 172 acres one rood 20 perches, statute measure, situate in the Barony of Upper Dundalk and County of Louth, held in fee simple.

 

TO BE SOLD BY PUBLIC AUCTION, IN FIVE LOTS,

BEFORE THE HON. MR. JUSTICE ROSS,

at his Court, Four Courts, Inns Quay, in the City of Dublin,

On Wednesday, the 31st day of October, 1900, at the hour of 12 o'clock, noon.

Proposals for purchase of all or any of the lots will be received by the solicitor having carriage of the sale up to the 20th day of October 1900 and if approved of, will be submitted to the judge for his acceptance, without further notice.

For rentals and further particulars apply the registrar's office, land judges court, for courts, in his key, Dublin; to

P.N. Murphy, Esq., Solicitor for Receiver, No. 37 Parliament St., Dublin; or to

ALEXANDER BELL[13], Solicitor having Carriage of the sale,  43 Dames St., Dublin.

W. WARREN LAW[14], Printer, 15, Lower Ormond Quay, Dublin.

 

DESCRIPTIVE PARTICULARS.

The estate for sale in this matter, consisting of the several parcels of land set forth on the Rental, is situate in the County of Louth, near the important town of Dundalk, Lots 2,3,4,5 and 6 being distant therefrom about a mile and a-half, and Lot 4 about 5 miles therefrom. Dundalk is a seaport town with railway station on the great Northern Railway, where the northern and northwestern branches join. The several lots are thus well circumstanced for easy transfer of cattle and farm produce. In Dundalk aforesaid there is a weekly market for sale of all farm produce, and a monthly fair for sale of horses, cattle, sheep, and &c. The lands of the several lots are of superior quality, and well suited for tillage or pasture, and are in excellent condition. The rents stated as payable by Samuel BRADFORD in respect of Lots 2,3,4,5 and 6 are temporary rents, pending the sale. On Lot 2, being part of the lands of Carnbeg, there is a very commodious dwelling house, with lawn, garden, spacious yards and extensive offices, all in very good order, and in this lot to the purchaser will have a very eligible and comfortable residence, standing in the middle of a first-rate farm, with ample accommodation, in a most respectable neighbourhood.

 

TENURE

LOT 2

The lands of Carnbeg, comprised in this Lot, were held under lease, dated 25th of August, 1868, made between the Right Honorable Robert Earl of Roden[15] of the one part, and Thomas BRADFORD[16] of the other part, for the term of 31 years from first November, 1865. The premises are described in the said lease as all that and those that part of the lands of Carnbeg, containing 78 acres two roods 12 perches Irish plantation measure, being 127 acres 1 rood 4 1/2 perches or thereabouts, statute measure -- be the same more or less -- together with the dwelling houses and offices thereon, meared and bounded as particularly described in by the map or survey thereof transcribed here on, all which said premises are situate, lying and being in the Barony of Upper Dundalk and County of Louth, subject to the yearly rent of £492 payable half yearly, on every first May and first November, clear over and above all taxes, assessments, County charges and impositions whatsoever, quit rent and landlord’s proportion of poors rate only excepted. Excepting unto the said Robert Earl of Roden, his heirs and assigns, all mines, minerals, coal, quarries, etc.; gravel, sand pits, and all royalties, etc.; and also all timber, etc., as therein; with liberty of ingress, egress and regress for the said Robert Earl of Roden his heirs and assigns etc. to dig, search for, cut, raise, work, cure, manufacture, etc., and carry away the same, etc. as therein; and to a erect any engines or buildings, and make and cut any roads, etc. as therein, paying reasonable damages as therein; and also reserving all manner of game, etc. as therein; and also reserving liberty to enter into the said premises with workman, etc., at all times and seasons for all other reasonable purposes. Said lease contains the usual proviso for distress and re-entry, and covenants by the said Thomas BRADFORD, his executors, administrators and assigns, to pay the said rent; not to establish or make without the consent, in writing, of the said Robert Earl of Roden, his heirs or assigns, any private road, etc., through or across the said premises; nor to do or commit, or permit to be done or committed, any manner of waste, etc., in or upon the said premises, but would at all times during said term well and sufficiently repair, uphold and keep the said demised premises, and all houses offices buildings and improvements then erected, or which at any time thereafter during said term shall be built, etc., on the said demised premises, in good and sufficient repair, etc.; and cleanse and amend all ditches, drains, trenches, gates, hedges, fences, etc., as often as occasion should require; and so well and sufficiently repaired, etc., at the expiration or other sooner determination of said demise, surrender unto the said Robert Earl of Roden, his heirs or assigns; and that it should be lawful for the said Earl of Roden, his heirs or assigns, to enter upon any part of the premises and view the state of repair, etc., as therein; and should cause the premises to be repaired etc.; and in default thereof it might be lawful for the said Robert Earl of Roden, his heirs or assigns, etc., to cause such repairs to be executed, as therein; and that the said Thomas BRADFORD, his executors, administrators or assigns, should not erect or build, or permit to be erected or built, on the said demised premises, any dwelling house, etc., without the consent of the said Robert Earl of Roden, his heirs or assigns; and if such dwelling houses etc. should be built without such consent, power to the said Robert Earl of Roden, his heirs or assigns, etc. to pull down such house or houses as should be built. Covenant by the said Thomas BRADFORD, his executors, administrators and assigns, not to kill, destroy or injure any game etc., as therein; or dig, fell, cut, raise, or convert to his or their own use any of the other matters or things therein before reserved without the consent of the said Robert Earl of Roden, his heirs or assigns; and that the said Thomas BRADFORD, his executors and administrators, or his or their assigns, should not assign, set, sell, mortgage or dispose of his or their interests or term in the same premises to any person whatsoever, in conacre or otherwise, without the consent of the said Robert Earl of Roden, his heirs or assigns, except by will to or for the use of some one person; and that if the said Thomas BRADFORD, his executors, administrators or assigns, should sell, assign, or dispose of the said demise premises, or any part thereof, or part with the possession of the said premises or any part thereof as aforesaid or if the said Thomas BRADFORD, his executors, administrators or assigns, should commit any act of bankruptcy, etc., it should be lawful for the said Robert Earl of Roden, his heirs and assigns, and to the said premises to re-enter, and the same to have again, repossess and enjoy, as in his or their former estate. Covenant by the said Robert Earl of Roden, his heirs, executors, administrators and assigns, for quiet enjoyment; and that in case the said Thomas BRADFORD his heirs, executors, etc. performed, etc., all the covenants etc., as therein the said Robert Earl of Roden his heirs and assigns, would accept the yearly rent of £246 in lieu of the yearly rent of £492 thereinbefore reserved.

 

On the expiration of the above recited lease on first November, 1896, the said lands were held under tendency from year-to-year. The said lands are now in the occupation of the owner, pending the sale, under proposal accepted by the Land Judge, dated 19 of November, 1898, at the temporarily reduced rent of £168, over and above all rates and taxes, state income tax and have poor rate. The occupation under said proposal terminates with the sale.

 

LOT 3

The lands comprised in this Lot are held under tendency from year-to-year, at the yearly rent of £210, payable half yearly on the first May and first November, and contain as follows: -- the lands of Sportsman's Hall, 90 acres 2 r. 29 p.; lands of Mooorland, 4 acres 2 r. 34 p., and the lands of Balriggan, 7 acres 0r. 0p. all statute measure, and are situate in the Barony of Upper Dundalk and County of Louth.

 

These lands are now in the possession of the owner, pending the sale under proposal accepted by the Land Judge, dated ninth of November, 1898, at the temporarily abated rent of £138, over and above all rates and taxes, save income tax and half poor rates. The occupation of this proposal terminates with the sale.

 

LOT 4

The lands comprised in this Lot are held as follows, viz. :-By agreement, dated 14th January, 1863, and made between John BRADFORD[17] and Thomas BRADFORD, the said Thomas BRADFORD agreed to take that farm of land then occupied by the said John BRADFORD, "situate in the Townland of Cavananore and County of Louth, with all houses and gardens thereon, together with the portion of the Bog of Annaghavackey[18] then occupied by the said John BRADFORD, but not to cut any turf on said bog, nor take away any mould therefrom, and to give the said John BRADFORD £40 in hand, and the yearly rent of £50, for the term of 20 years from 1st November , 1862, and to allow him to occupy the houses and gardens aforesaid free of rent during the said demise, and cut any turf and take away any mould he might require for his own use from the said bog; and in case he gave up the possession of the said houses and gardens at any time before the expiration of said term, the said Thomas BRADFORD agreed to increase the annual rent by the sum of £1 9s. 7d. The portion of the Bog of Annaghavackey above mentioned has been cut out. Since the expiration of said agreement, the said lands were held under tenancy from year to year. They are now in the occupation of the owner in this matter, pending the sale, under proposal accepted by the Land Judge, dated 9th November, 1898, at the temporarily-abated yearly rent of £35, until the sale in this matter or further order. The occupation under the proposal terminates with the sale.

 

 

LOT 5

The lands comprised in this Lot are held in fee simple, and contain 101 acres 0r. 19 p., statute measure. This Lot is not subject to any tithe rent charge.

 

LOT 6

The lands comprised in this Lot are held in fee-simple, and contain 172 acres 1r. 20 p. statute measure. The lands are liable to a yearly tithe rent charge of £4.17 shillings and a half pence, payable to Lord Roden.

CONDITIONS OF SALE,

 

1. The purchaser shall not be at liberty to object, or be entitled to be discharged, or claim any compensation, by reason of any trifling error or misdesription in the rental as to quantity of lands or amount of rents.
2. The premises comprise in the several Lots will be sold subject to the rights of way and other easements specifically stated in the Rental of each or any of such lots respectively, and that may exist at the time of sale.
3. The great Northern Railway intersects the lands comprised in Lots 2,3 and 5. The land occupied by said Railway Company is excluded from the sale.
4. By reason of straightening the boundaries, the area of number 1A of Carnbeg includes 1 root and 20 perches of said lands not in owner’s possession, but he is in possession of 10 perches of the lands of Lisdoo[19] not included in this estate. The changes are shewn by the red and blue boundary lines on the map of this lot. The conveyance will be in accordance with the boundary as edged read, but possession will be given in accordance with the boundary as edged blue.

NOTE: These maps and this deed are both thanks to Christine WRIGHT of Gilford Castle.

Lots 1,2,3 &5 to be sold.	Cavananore Lot to be sold: Unfortunately, in the colour version, I clipped the corner off.
Sportsman's Hall