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NAMES: Andrew OLIVER of Enagh, Co. Armagh aka Andrew Bradford OLIVER; Mary Jane OLIVER nee HAYES; William OLIVER jr. of Killinure; James HAYES of Maghery, Co. Armagh. Thomas MOORHEAD; David SCARLET; Thomas APPLEBY; John Robert HAYES; John McKINSTRY; John DAVIDSON.
Sharon Oddie Brown. December 16, 2007
Updated: Until now, I simply had a few notes. This is a complete transcription. June 26, 2016

 

1840 April 6

1845-14-26

OLIVER, Andrew - OLIVER, William

William OLIVER 1840

 

  

A Memorial of an indented deed of settlement bearing date the sixth day of April in the year 1840 and made between Andrew Oliver[1] of Enagh in the County of Armagh farmer of the first part. Mary Jane Oliver otherwise Hayes[2] wife of the said Andrew Oliver of the second part. William Oliver,[3] Junior of Killinure in the County of Armagh farmer brother of the said Andrew Oliver and James Hayes[4] of Magherkilcranny in the County of Armagh farmer father of the said Mary Jane Oliver, the trustees named chosen nominated and appointed by the said Andrew Oliver and Mary Jane Oliver, for the purposes therein after mentioned expressed and declared of the third part. Reciting as therein and reciting a certain agreement is witnessed that in pursuance of said recited agreement and in order to carry the same into complete and specific execution, and for and in consideration of the sum of £200 by way of a portion or fortune to the said Andrew Oliver in hand well and truly paid by the said James Hayes at or immediately before the ensealing and delivery thereof of the receipt where of was thereby acknowledged and also for and in consideration of two further sums of five shillings apiece by the said William Oliver and James Hayes in hand also paid on the perfection there of the receipt where of was likewise thereby acknowledged. He the said Andrew Oliver did grant bargain sell assign transfer and make over unto the said William Oliver and James Hayes and the survivor of them in the executors, administrators of such survivor. All the premises demised by the there in recited indenture of lease of the 29th day of October 1821[5] and granted by the said recited deed of trust bearing date the 12th day of December 1837[6] by the description of all that and those that part of the town and lands of Magherkilcranny formally in the possession of Thomas Morehead[7] – afterwards in the possession of Samuel Carson of the city of Armagh, Apothocary containing by estimation 24 acres and 39 perches Irish plantation measure with the same more or less situate lying and being in the Manor of Toaghy and County of Armagh, as more particularly delineated and described by a map there of. Signed by the respective parties, and in the margin of said lease annexed. To have and to hold the said thereby granted and assigned lands and premises with all and singular the rights, members and appurtenances thereunto belonging or in any wise appertaining and the right of cutting turf in and by the said lease granted unto the said William Oliver and James Hayes and the survivor of them, and the executors, administrators of such survivor for and during the remainder of the term of 20 one years in and by the said there in resited indenture of lease granted, and all furniture future renewals to be obtained of said premises during the natural lives and life of the said Andrew Oliver and Mary Jane Oliver and the survivor of them when the trust and to and for such uses intents and purposes as are there in mentioned expressed and declared of concerning the same. Which said indenture of which this rating purports to be a Memorial as to the execution there of by the said Andrew Oliver, Mary Jane Oliver, William Oliver, Junior, and James Hayes is witnessed by David Scarlet[8] of Tynan in the County of Armagh gentleman and Thomas APPLEBY[9] of Armagh, in the County of Armagh, writing, clerk, and which said indenture as to the reacknowledgement thereof by the said William Oliver, Junior, one of the executing parties thereto and this Memorial as to the execution there of by the said William Oliver, Junior, are respectively witnessed by John McKinstry of Armagh, in the County of Armagh, solicitor, and John Robert Hayes[10] of Magherkilcranny in the County of Armagh gentleman.

Signed and sealed by the said William Oliver, Junior in presence of

John McKinstry[11]

John R. Hayes.

William Oliver,

John Robert Hayes of Magherkilcranny in the County of Armagh Gent. aged 18 years and upwards makers oath and saith that he is describing witness to the deed of which the above writing purports to be in a Memorial and also to said Memorial set he saw said deed duly reacknowledged and this Memorial duly signed and sealed by the said William Oliver, Junior, one of the executing parties thereto and hereto and that the name John Robert Hayes subscribed to said deed on the rear acknowledgement thereof and said Memorial as a witness is this deponent’s proper name and handwriting. Sworn before me at Armagh in the County of Armagh this 20th day of August 1845 by virtue of a commission to me directed fourth of majesties count of Queen’s bench in Ireland for taking affidavits for said court in and for said County and I know the deponent John Davidson[12].



[1] Andrew Bradford OLIVER (1818-1877) of Enagh brother of William OLIVER (abt 1810-1873). Enagh was one of the townlands where OLIVERs had leased lands for some time. It is just a short distance along the Monaghan Rd. from Killynure.

[2] Mary Jane OLIVER née HAYES She was born abt 1819, probably at Magherkilcranny, the townland on the western border of Killynure. She died before March 1843, shortly after the birth of her only child Benjamin OLIVER (1842-1905).

[3] William OLIVER jr. (abt 1810-1873) was the eldest son of Benjamin OLIVER. I presume that he was called “Jr.” because another William OLIVER (1765-1854) was his uncle. It is possible that this older William OLIVER also lived at Killynure, but before then he had held land at Brootally, where Andrew Bradford OLIVER also resided [SOURCE: ROD May 18, 1843]. The son of this other William OLIVER was again another William OLIVER (1828-aft1892). He had a common-law marriage with a Mary Anne MALLON. He was Protestant while she was Catholic. They had two children – Benjamin OLIVER (1841-?0 & Sarah OLIVER.(1844-?)

[4] James HAYES (1815-?). In the Tynan Parish records there is a record of the birth of James HAYES born on 8 Sept 1815 to James HAYES of Mahery, Derrynoose Parish and Sarah MENARY of Killylea. Since Andrew Bradford OLIVER eventually ended up living at Killilea, this is interesting. He may have inherited land. The MENARY family also had deep roots and leases for several decades at Magherkilcranny. It is likely that this James HAYES (1815-?) and Mary Jane HAYES are siblings. James HAYES jnr also turns up in the Samuel STUART Will  1864 May as do the 2 cousins William MENARY (one from Maghery and one from Cavanbellaghy). NOTE: Samuel STUART was James HAYES landlord for one p[roperty. Both are the grandsons of Alexander and Martha MENARY of Maghery . At the time of Griffiths Valuation, James HAYES at held land at Lisdrumard as did Samuel STUART and he also held land at Lisnadill. In 1865 a James HAYES was a witness at the marriage of Susannah MENARY and Wm JOHNSTON (of Killilea) at Armaghbreague CoI. NOTE: Thanks to Linda Leonard for many of these connections. The field notes done in 1836 show a James HAYES with house and offices valued at £0.5.14. This strikes me as as odd, given that their neighbour William OLIVER had holdings valued at £5.4.0, and I suspect that the two families were of a similar economic class. John and William MENARY had similary valued holdings at £0.5.8 and £0.3.16 respectively. (NOTES from my 2010-2011 diary from Microfilm held at National Archives in Dublin)

[5] I have not yet found this deed, but given the legal complications that ensued after the death of William OLIVER in 1873, it could be significant.

[6] I do not have this deed, and do not even know whether a copy still exists.

[7] Thomas MOORHEAD. He is likely related to Charles Andrew MOORHEADs of Monaghan – all part of the extended family

[8] David SCARLET of Tynan, Gent. In 1812, David SCARLETT was Master of Primate's Free School Rokeby, while Letitia SCARLETT was Mistress (his wife? Who was she?). NOTE: He was also a witness to ROD May 18, 1843.

[9] Thomas APPLEBY, county clerk.

[10] John Robert HAYES (bef 1820). He was a son of James HAYES jr. He married Sarah GAMBLE, daughter of John GAMBLE.

[11] John McKINSTRY. I suspect he was a solicitor. See May 9, 1851 legal case.

[12] John DAVIDSON, Registrar.

 

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