Author Topic: Owens of Holestone - Land ownership definitions?  (Read 1083 times)

Offline Gilby

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Owens of Holestone - Land ownership definitions?
« on: Sunday 05 February 17 13:57 GMT (UK) »
I have a copy of an 1862 document which details the estate of John Owens of Holestone (who’d been declared a lunatic).  I have a vague understanding of freehold, leasehold, “in fee” etc, but I find my knowledge is insufficient to understand who owned what and what the sequence of events was.

Below are a couple of extracts I’m struggling with, and questions which I’ll number to hopefully make the answers (if there are any) easier to follow:

First Schedule to which the foregoing report refers, showing the estate of which the lunatic is seised in fee;
Chief rent payable out of the Townland of Holestone, and the reversion in fee expectant and Lease for lives renewable for ever from the late Marquis of Donegal to the late James Owens, dated 1st April 1823, purchased by the said lunatic and conveyed to him by the Landed Estates Court, by Deed dated 11th July 1855, … £120-0-0.


1. So was John Owens paying a “chief rent” to the heirs of the Marquis of Donegal.  If so, why, since he was apparently “seised in fee”.  And what does “reversion in fee expectant” mean?  Is there a difference between “in fee” and “in fee simple”?

SECOND PART.  Property of which the lunatic is seised as tenant for life under the Settlement, dated the 2d of May, 1828, made between James Owens Esq., deceased, of the first part, the lunatic of the second part, and James Stewart Moore and John Forsythe of the third part, which gives the lunatic a general power of appointment among all or any of his children…
Lands in Ballyeaston containing 376a 3r 25p Irish measure in the Parish of Ballycor, and County of Antrim held under a Lease for lives renewable for ever, from the late Marquis of Donegall, to said James Owens, deceased, dated 1st April 1823 at a rent of £115-10-0 late currency, equal to £106-12-4, let at rents amounting to £652-10-2.


2. This time John Owens appears to have a leasehold which he was given by his father James.  He pays the head rent of £115/£106 to the Marquis of Donegall and in turn has a rental income of £652 from the tenants…?  (Correct me if I’m wrong.)  What does “tenant for life” mean?

THIRD PART.  Property of which the said lunatic is seised as tenant for life, with remainder to his son the Petitioner, James Owens, Esquire, under the will of his father the late James Owens, Esquire, dated 13th May, 1843, proved on the 30th January, 1849, commonly called the Holestone Estate, consisting of the following denominations let to tenants…

3. What does it mean by “remainder to his son”?

Hoping someone is able to explain.   ???
Gilby

Offline pablo1

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Re: Owens of Holestone
« Reply #1 on: Wednesday 29 August 18 04:26 BST (UK) »
I cannot answer any questions about land ownership.  This is just some background information on the Owens of Holestone and how they relate to some of the families that you mentioned in your post for other researchers:

From Burke

1.  James Owens of Holestone, Co. Antrim (1777-1848), JP and DL; m. 1799 to Mary Forsythe, dau of John Forsythe of Ballynure and Sarah Gillilan of Collin.

2.  John Owens, son, (1801-1874), JP, DL, High Sheriff; m. 1828, Jane Stewart-Moore, dau of James Stewart-Moore, JP, DL of Ballydivity, C. Antrim.  John had the following issue:

3.  James Owens m. 1861 Evelyn Margaret Tennent, dau of Robert James Tennent of Rushpark.

3.  Harriet Seffington Owens m. 1850 the Rev. James Orr; They had issue a dau,

4.  Jane Emily Orr-Owens (assumed the name of Owens)

3.  Margaret Owens, d.unm in 1904

3.  Jane Owens, d.unm. in 1902

3.  Elizabeth Owens m. 1868 Lt. Col. Harry Adair Tracey;  They left a son and two daughters.

Offline hallmark

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Re: Owens of Holestone - Land ownership definitions?
« Reply #2 on: Wednesday 29 August 18 07:22 BST (UK) »
I have a copy of an 1862 document which details the estate of John Owens of Holestone (who’d been declared a lunatic).  I have a vague understanding of freehold, leasehold, “in fee” etc, but I find my knowledge is insufficient to understand who owned what and what the sequence of events was.

Below are a couple of extracts I’m struggling with, and questions which I’ll number to hopefully make the answers (if there are any) easier to follow:

First Schedule to which the foregoing report refers, showing the estate of which the lunatic is seised in fee;
Chief rent payable out of the Townland of Holestone, and the reversion in fee expectant and Lease for lives renewable for ever from the late Marquis of Donegal to the late James Owens, dated 1st April 1823, purchased by the said lunatic and conveyed to him by the Landed Estates Court, by Deed dated 11th July 1855, … £120-0-0.


1. So was John Owens paying a “chief rent” to the heirs of the Marquis of Donegal.  If so, why, since he was apparently “seised in fee”.  And what does “reversion in fee expectant” mean?  Is there a difference between “in fee” and “in fee simple”?

 
Gilby


All very simple to explain  as you can see....   ;D  ;D
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Give a man a record and you feed him for a day.
Teach a man to research, and you feed him for a lifetime.

Offline hallmark

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Re: Owens of Holestone - Land ownership definitions?
« Reply #3 on: Wednesday 29 August 18 07:25 BST (UK) »
Give a man a record and you feed him for a day.
Teach a man to research, and you feed him for a lifetime.