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NAMES: John OLIVER of Tullysarren, Rebecca HOLMES née OLIVER & James HOLMES of Blackwatertown, William OLIVER of Mullinture, Samuel KNIPE, William OLIVER of Tullymore, Andrew OLIVER brother of Rebecca; Andrew OLIVER of Enniskillen, James CALDWELL, John TROTER of Mullyleggan, John Lloyd SANDERSON. See also:OLIVERs of Mullinture
Sharon Oddie Brown. July 26, 2007
Updated November 11, 2007 with new footnotes
Updated June 9, 2008 from photocopy of deed.

1807 January 20
DEED:580-365-398643
OLIVER-HOLMES

To the register appointed by act of Parliament for the public registry of all deeds wills conveyances and so forth in the city of Dublin

A memorial of an Indented Deed of Assignment bearing date the twentieth day of January in the year of our Lord one thousand eight hundred and seven between John OLIVER[1] of Tullysarren[2] in the County of Armagh farmer of the one part and Rebecca HOLMES[3] & James HOLMES[4] both of Blackwatertown[5] in said county of the other part reciting as therein recited that whereas the right Honourable James Lord Charlemount[6] by Indenture of Lease bearing date fourth day of November one thousand seven hundred and sixty one[7]  for the considerations therein mentioned to demise grant set and to form let unto William OLIVER[8] of Mullintur in the County of Armagh aforesaid gent his heirs and assigns all that land those of a town and lands of Tullysarren  formally in the possession of Samuel KNIPE[9] deceased containing by estimation 96 acres and one rood English statute measure be the same more or less situate lying and being in the Manor of Charlemount and County of Armagh aforesaid.  To hold to the said William OLIVER his heirs and assigns from the first day of November then [intended?] for and during the Life and Lives of the said William OLIVER lessee Andrew OLIVER[10] aged thirteen years or thereabouts and Rebecca OLIVER[11] then aged fifteen years eldest son and daughter of John OLIVER of Tullymore in said County Gent deceased and the Survivors and Survivor of them the said William OLIVER yielding and paying therefore and thereout yearly and every year during the Continuance of said Demise unto the said James Lord Viscount Charlemount his heirs or assigns their rent or sum of thirty six pounds one shilling and ten pence halfpenny and fees and duties therein mentioned and reciting that whereas the said William OLIVER is long since dead but before his death that is to say on the nineteenth day of October one thousand seven hundred seventy six duly made and published his last will and testament so writing in the presence of three credible subscribing witnesses thereto and did thereby leave and bequeath unto his nephew William OLIVER[12] of Tullymore in the County of Armagh aforesaid and to his nephew Andrew OLIVER[13] of Enniskillen, Co. Fermanagh and to their heirs his (Testators) Lease and Farm of land in fair and equal proportion share and share alike with the rights and appurtenances and further reciting that the said Andrew OLIVER and William OLIVER shortly after the death of the said William OLIVER came to a partition of the said town and lands of Tullysarran and that part and parcel of the said town and lands of Tullysarran aforesaid in the possession of John OLIVER party thereof became the share or portion of the said William OLIVER and further reciting that the said William OLIVER of Tullymore aforesaid is long since deceased and all the estate right title and interest of the said William OLIVER of Tullymore deceased by Mesne[14] Conveyance Assignment or Otherwise are Legally Come to and Vested in the said John OLIVER party thereto and further reciting that the said John OLIVER for and in consideration of the sum of three hundred and eighty pounds one shilling and threepence to him in hand paid by the said Rebecca HOLMES and James HOLMES at and before the Ensealing and Delivery of the said Indented Deed of Assignment Hath Granted Bargained Sold Assigned Released Confirmed Transferred and Set over and buying these presents Doth fully freely and absolutely Grant Bargain Sell Assign Release Confirm Transfer and Set over onto the said Rebecca HOLMES and James HOLMES in their actual Possession being by Virtue of a Bargain and sale to them thereof made for one whole year by Indenture bearing date the day next before the day of the date of these presents.  In consideration of five shillings sixpence and by force of the Statue for transferring of [title?] into possession and to their heirs and assigns all that and those that part and parcel of the said town and lands of Tullysarran which came to the share or portion of William OLIVER of Tullymore deceased being a Moiety of the lands and premises in the said recited Indenture of lease mentioned continuing by estimation fifty acres[15] or thereabout be the same more or less with the rights Members and appurtenances thereunto belonging.  To have and to hold the same the said Messuage[16] or Tenement  Lands and Premises above mentioned and thereby Granted and Assigned or meant and Intended so to be unto the said Rebecca HOLMES and James HOLMES their heirs and assigns for and during the Indenture of Lease reserved -  and in said Indented Deed of Assignment is Contained Several Covenants and Agreements which by reference thereunto had well more fully and at large appear, which said Indented Deed of Assignment is Witnessed by James CALDWELL[17] of the City of Armagh Innkeeper, John TROTER[18] of Mullyleggan[19] in the County of Armagh farmer and John Lloyd SANDERSON[20] of Blackwatertown in said County Gent and this memorial is witnessed by the said John Trotter and John ALLEN of Blackwatertown in said County of Armagh writing clerk.

 

James Holmes

Rebecca Holmes

 

Signed sealed and delivered

In the presence of

John Trotter

John Allen

 

 

The above named John TROTTER maketh oath and saith that he saw the above named John OLIVER Rebecca HOLMES and James HOLMES duly sign seal and execute the Deed of Assignment whereof the above ruling is a memorial.  And that he this Deponent is a subscribing witness to said Deed of Assignment and this Memorial -  And saw the above named James HOLMES and Rebecca HOLMES duly sign seal and execute this Memorial and that the name John TROTTER subscribed as a witness to said Deed of Assignment and this Memorial is this deponent’s name and proper handwriting

 

Sworn before me at Armagh in the County of our law

This 31st day of January 1807 by virtue of a commission

To me direct it for taking affidavits in said county and

I no deponent

Michael Magill?



[1] John OLIVER of Tullysarren. Given the date of this deed (1807) and the deed dated 1785 that deeded Tullysarren to a James OLIVER, I wonder if John might be a son of James.

[2] Tullysarren, Parish of Eglish, bordered on the west by Mullanture.

[3] Rebecca HOLMES née OLIVER. SOURCE: National Archives - a marriage bond between Rebecca OLIVER and James HOLMES in 1774. She would be the daughter of John OLIVER and b.1746 SOURCE: Deed 398643 referring to a deed from 1761 November 4 to William OLIVER of Mullintur for the lifetimes of two of John OLIVER of Tullmore’s children: Rebecca age 15 (therefore b. 1746)

[4] James HOLMES husband of Rebecca OLIVER.

[5] Blackwatertown, Parish of Clonfeacle, Co. Armagh

[6] Honourable James Lord of Charlemount

[7] I don’t have this lease. Need to search under Charlemount leases to see if there is a record in the Deeds Registry.

[8] William OLIVER - the bachelor linen draper of Mullinture who died between 1776 (when he wrote a will) and 1779 (when a will was probated).

[9] Samuel KNIPE

[10] Andrew OLIVER b.1748 based on age at time of deed. A son of John OLIVER of Tullymore.

[11] Rebecca OLIVER b. 1746 based on age at time of deed. A daughter of John OLIVER of Tullymore.

[12] William OLIVER of Tullymore. He is likely a son of John OLIVER of Tullymore and is a bachelor who dies intestate (SEE: July 29, 1785 DEED: 375-10-247623).

[13]Andrew OLIVER of Enniskillen, Co. Fermanagh. A Rev. Andrew OLIVER shows up there in the 1788 poll of electors and has a will probated in 1793 at Enniskillen. He is likely the father of this Andrew OLIVER..

[14] “Mesne” a legal term meaning:  Middle; intervening; as, a mesne lord, that is, a lord who holds land of a superior, but grants a part of it to another person, in which case he is a tenant to the superior, but lord or superior to the second grantee, and hence is called the mesne lord. SOURCE: http://www.thefreedictionary.com/Mesne

[15] This would be the 50% of the subdivided land.

[16] “Messuage” A dwelling house, with the adjacent buildings and curtilage, and the adjoining lands appropriated to the use of the household.

[17] James CALDWELL.

[18] John TROTER of Mullyleggan?

[19] Mullyleggan, Parish of Clonfeacle.

[20] John Lloyd SANDERSON. NOTE: A John SAUNDERSON married a Sarah OLIVER in 1805. SOURCE: National Archives 2007 notes on Marriage bonds.

 

 

 

 

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