Author Topic: Confusing 18th century Irish Deed  (Read 604 times)

Offline WolfeEye

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Confusing 18th century Irish Deed
« on: Saturday 02 April 22 17:05 BST (UK) »
I'm trying to work out what's being done in this deed granted by William Conolly to Michael Hurst, William Hurst, Christopher Nixon and Robert Summerville, specifically the relationship between the people mentioned in the deed. However the handwriting and legal-speak is a tad difficult for me to understand. Any help would be appreciated. Thanks. 
Ireland: Dilworth/Stewart/Twigg (Coalisland), Hurst/Hirst (Tullyrain), Edwards (Cavantillycormick), Dinnen (Cavanlough), Patton/Patten (Raphoe), Moore (Breagho)

Scotland: Lugton/Laughton, King (Prestonkirk), Moar (Orkney)

Canada: Knott, Mclelland (Alice, Pembroke), Udgaarden (Moose Factory)

Finland: Aurelius, Thuronius, Juslenius, Wallensteen, Barck, Bure, Svard, Sursill, Esping

Offline Maiden Stone

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Re: Confusing 18th century Irish Deed
« Reply #1 on: Saturday 02 April 22 20:09 BST (UK) »
It's a lease for 3 lives, adding sons of William Somerville and a son of Michael Hirst to the lease. William Somerville and Michael Hirst were then deceased, if I've read it correctly. The document is dated February 1723 which will be 1724 according to the modern calendar. Where did you get the year 1721 from?
I've only got halfway.
Sometimes several short words are run together which makes them seem like 1 longer word.
 Last part of extract is a bit faded.
Cowban

Offline WolfeEye

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Re: Confusing 18th century Irish Deed
« Reply #2 on: Saturday 02 April 22 20:39 BST (UK) »
Thank you for very much for the help. Sorry, I must have misread the date on the deed.
Ireland: Dilworth/Stewart/Twigg (Coalisland), Hurst/Hirst (Tullyrain), Edwards (Cavantillycormick), Dinnen (Cavanlough), Patton/Patten (Raphoe), Moore (Breagho)

Scotland: Lugton/Laughton, King (Prestonkirk), Moar (Orkney)

Canada: Knott, Mclelland (Alice, Pembroke), Udgaarden (Moose Factory)

Finland: Aurelius, Thuronius, Juslenius, Wallensteen, Barck, Bure, Svard, Sursill, Esping

Offline Maiden Stone

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Re: Confusing 18th century Irish Deed
« Reply #3 on: Saturday 02 April 22 20:41 BST (UK) »
Not sure if there's any punctuation. My explanations or queries in brackets [  ].

AMEN of an Indented Deed bearing date the Third day of Febry

in the year of our Lord one thousand seven hundred & Twenty three made between the

Right Honble [Honourable] WM CONOLLY  of the City of Dublin Esq of the one part & Mich. HIRST

Wm HIRST Eliza NIXON & Robert SOMERVILL of Tullyrane in the Co. of Fermanagh

of the other Part witnessing that the said Wm CONOLLY forgin [foregoing?] consider'n [consideration?] of the

yearly rent Finis for Renewal and other Covts [covenants?] & agreem't therein min'd* &
 *[See my note added below]

Con't Hath thereby Demised Granted Let and to Farm let unto the said

Mich'l HIRST Wm HIRST Chris'or NIXON and Rob't SOMERVILLL all that the

Farm or Townland called and known by the name of Tullyrane

Situate lying and being in the Co. of Fermanagh To have and to Hold all the

Singular the said thereby Demise ___  with the apurts. [appurtenance] unto them

the said Mich'l HIRST Wm HIRST Chris'or NIXON & Robert SOMERVILL their Heirs

and  ___ from the first day of May then __ past for and during the

Natural lives & life of __ SOMERVILL aged about fourteen years and

Thomas SOMERVILL aged about six years both sons to William

SOMERVILL of Tullyrane afor'd [aforesaid] deced [deceased] & Geo HIRST son to the ded [deceased?] Mic'l

HIRST aged about seven years & the survivors & survivor of them for and during

the Natural life or lives of such p'son [person?] & p'sons as shall from time to time

by virtue of this Deed successively and for ever be added yeilding [?] and

*Added: Line 6 "& agreem't therein min'd". I think it 's "men'd" abbreviation for mentioned. A similar abbreviation is after "agreements therein" near the end of the next part I transcribed. I can't always tell difference between e and i in old writing.




Cowban


Offline WolfeEye

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Re: Confusing 18th century Irish Deed
« Reply #4 on: Saturday 02 April 22 21:15 BST (UK) »
Wow, thank you so much for deciphering that handwriting! I couldn't wrap my head around it. I noticed on the margin that it says the deed was registered on 29th January 1750. Were Robert and Michael alive when the deed was first made in 1723 but died before it was registered?
Ireland: Dilworth/Stewart/Twigg (Coalisland), Hurst/Hirst (Tullyrain), Edwards (Cavantillycormick), Dinnen (Cavanlough), Patton/Patten (Raphoe), Moore (Breagho)

Scotland: Lugton/Laughton, King (Prestonkirk), Moar (Orkney)

Canada: Knott, Mclelland (Alice, Pembroke), Udgaarden (Moose Factory)

Finland: Aurelius, Thuronius, Juslenius, Wallensteen, Barck, Bure, Svard, Sursill, Esping

Offline Maiden Stone

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Re: Confusing 18th century Irish Deed
« Reply #5 on: Saturday 02 April 22 21:33 BST (UK) »
Next bit is mostly about money, rents and fees for additions of lives in future.

   by virtue of this Deed successively and for ever be added yeilding and

   Paying thereout for the first year the Rent or Sum of sixteen pounds

   five shill[ings] ster[ling] & afterw'd the yearly rent of or sum of Eighteen Pds five shill[ings] unto

    the said Wm CONOLLY his Heirs & aprs [?] on the failure of any of the afores'd

    Lives or life or of such other life or lives that shall at any time be added

   Pay unto the _ Wm CONOLLY his Heirs & aps over and above the said rent

   the sum of nine pounds in __  _said [aforesaid?] Deed therein  __ Cov'ts Clauses &

    agreements therein Men't [mentioned?] and Contained and which said Deed is

   Witnessed by Francis CASHELL of Leixlip in the Co. of Dublin Pat'k SMITH

    of Castle Town in said Co. & James CRAWFORD of Enniskillen in the Co. of

    Fermanagh Esq & this __ is also witnessed by the said James CRAUFORD


Abbreviation "apps" after "Heirs &" may be appointees.
Abbreviation after "the sum of nine pounds in " may mean sterling.
Surname of witness James Crauford was spelled in more than 1 way. It's CRAFORD in the next section.
   

Cowban

Offline Maiden Stone

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Re: Confusing 18th century Irish Deed
« Reply #6 on: Saturday 02 April 22 22:27 BST (UK) »
I've added a note about a correction to an abbreviated word in my reply 3.

Wow, thank you so much for deciphering that handwriting! I couldn't wrap my head around it. I noticed on the margin that it says the deed was registered on 29th January 1750. Were Robert and Michael alive when the deed was first made in 1723 but died before it was registered?

I wasn't making much headway until I realised that what I first thought were individual long words were actually strings of short words. It's as if the scribe couldn't spare a millisecond to raise his quill from the paper in between words. Another thing is that his use of capital letters was inconsistent. The combined 2 idiosyncrasies caused me to attempt to transcribe what I thought was the name of another place in County Fermanagh beginning with T before it dawned on me it wasn't a place called Tohaveand but part of the phrase "to have and to hold".  ;D  You would have been led astray and then be asking people where the place was.

I saw the note in the margin about registration in 1750. Someone who knows more about leasehold law may be able to explain.
As I understand the deed, providing I interpreted abbreviations correctly,  William Somervill and a Michael Hirst were deceased when the deed was written in 1723/4 and their sons were being added to names on the lease, perhaps in their steads. There may have been more than 1 Michael Hirst named in the deed, perhaps father & son. It was customary to add the name of a child or young person to the list of names on a lease as a way of extending the number of years the lease remained in force. That was a gamble as, in a period of high infant mortality, a named child might not survive to inherit the lease.
The 1750 registration may have been when one of the boys named in the 1723/4 document succeeded to the property. They would have been men in their thirties then, if they had survived.
Fermanagh is in the province of Ulster. There were customary leasehold rights in Ulster superior to leasehold rights in the other 3 provinces of Ireland.
       
Cowban

Offline Maiden Stone

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Re: Confusing 18th century Irish Deed
« Reply #7 on: Saturday 02 April 22 22:54 BST (UK) »
I didn't transcribe the introductory sentence above the main document.

TO the Register appointed by Act of Parliament for Registering all Deeds wills Conveyances and soforth
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Offline Maiden Stone

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Re: Confusing 18th century Irish Deed
« Reply #8 on: Saturday 02 April 22 23:11 BST (UK) »

       Witnessed by Francis CASHELL of Leixlip in the Co. of Dublin Pat'k SMITH
        of Castle Town in said Co. & James CRAWFORD of Enniskillen in the Co. of
        Fermanagh Esq & this __ is also witnessed by the said James CRAUFORD
   

Next bit:

     & by          Rob't SOMERVILL (seal)          Signed Sealed & Executed

    in Prescence of James CRAFORD         Mich'l HIRST       The above named

   James  CRAWFORD maketh oath that he is a subscribing witness to the

   Deed of which the above writing is a Mem'l [memorial?] & Saith that he saw the

   said Deed duly Signed Sealed and Efected [?] by the Right Honble Wm

   CONOLLY Esq one of the Parties to the said Deed & also saw the above

    Mem'l duly Signed Sealed & Executed by the above named Robert

   SUMMERVILL one of the Parties to said Deed & that the name* James

    CRAFORD subscribed as a witness to said Deed & also to the above

    Mem'l   is this Dip't [Disposition?] proper handwriting  I [?] James CRAFORD


*[ might be named]
Spelling is how I read it.

Only 3 lines left.
Cowban