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NAMES: John Wallace McCULLAGH (1840-1894); Joseph DICKIE; James McCULLAGH (d. 1865); Thomas Coulter DICKIE (1837-1908); Eliza McCULLAGH nee WALLACE (1809-1895); Thomas McCULLAGH (1843-1895); James McCULLAGH (d. 1892);Henry Aitkens Newell AITKENS; James HAMILTON; Thomas HAMILTON; David LYSTER; William BROWN; James BROWN. TOWNLANDS: Drummuck & Ednafirkin, Co. Monaghan.
Sharon Oddie Brown. July 2, 2008
NOTE: I will post the related maps when I fix a glitch on my site.
Updated. March 24, 2010

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

(Late Landed Estates Court)

COUNTY OF MONAGHAN.

SALE ON THURSDAY the 18TH day of March, 1880

In the matter of the estate of JOHN WALLACE MCCULLAGH[1] and JOSEPH DICKEY[2], Trustees of the will of JAMES MCCULLAGH[3], deceased,

Owners and petitioners.

Continued in the name of said JOHN WALLACE MCCULLAGH, surviving trustee.

Rental, maps, descriptive particulars, and conditions of sale

OF

PART OF THE LANDS OF DRUMMUCK[4]

In said county, containing 93a. 3r. 30p. statute measure, held in fee simple – and

Part of the lands of Ednafirkin[5],

Containing 33a. 0r. 19p. statute measure, held under Fee-farm grants, and situate in the

BARONY OF CREMOURNE AND COUNTY OF MONAGHAN,

TO BE SOLD BY AUCTION, IN TWO LOTS,

AT STRATTON’S HOTEL, BALLYBAY, IN SAID COUNTY,

ON THURSDAY, the 18th day of MARCH, 1880, at the hour of 12 o’clock Noon.

The Biddings will be submitted to the Judge for approval on Monday, the 22nd day of March, 1880 at the Court, Inns’ Quay, Dublin, without further notice to any person.

Private offers for either of the Lots will be received by the Solicitor having carriage of the sale, up to the 4th day of March, 1880, but not afterwards; and if deemed sufficient, will be submitted to the Judge for his approval.

For rentals and further particulars apply at the Registrar’s Office of the Land Judges Court, Four Courts, Inns’ Quay, Dublin; or to

THOMAS COULTER DICKEY[6], Solicitor having carriage or sale, 12, Lower Ormond Quay, Dublin and Omagh, County Tyrone.

W. WARREN, Law Printer 15, Lower Ormond Quay, Dublin

 

Tenure of different lots.

 

LOT No. 1

 

This Lot is held in Fee-simple, but is subject to perpetual yearly rents charged of £30 late Irish currency equivalent to £27 13s. 10d. present currency, payable out of part of the same by half-yearly gales, on every 1st May and 1st November, which was created by an Indenture of Marriage Settlement,  dated 29th April, 1811 and which settlement contains powers of distress in case of nonpayment of said perpetual annuity or rent charge.  They are also subject to an annuity, late Irish currency, equivalent to £36 18s. 5 1/2d. sterling, for the life of Mrs. Eliza McCULLAGH[7] widow of James McCULLAGH, deceased, now age 71 years, payable out of either portion of said lands during her life, created by a Marriage Settlement bearing date 7th March, 1825[8], and with like powers of distress in case of nonpayment of same half-yearly on every 1st May and 1st  November.

 

LOT2 No. 2.

This is Lot held by two indentures of Fee-farm grants (under the provisions of the Renewable Leasehold Conversion Act).  The first bears date the 29th November, 1856, and is made between Thomas McCULLAGH[9] of the one part and James McCULLAGH[10] of the other part, whereby the said Thomas McCULLAGH under the provisions of said Act granted unto the said James McCULLAGH, his heirs and assigns, that part of the town and lands of Ednafirkin in the original lease therein mentioned and described, then in the occupation and possession of said James McCULLAGH containing 20 acres Irish plantation measure, be the same more or less, situate in the Townland of Ednafirkin, Parish of Tullycorbett, Barony of Cremourne, and County of Monaghan.  Excepting and reserving out of said grant unto the said Thomas McCULLAGH, his heirs and assigns, all mines and minerals of every kind, with liberty of ingress and egress for the said Thomas McCULLAGH his heirs and assigns and to dig search for and carry away the same.  To hold the same premises with the appurtenances unto the said James McCULLAGH, his heirs and assigns forever, subject to the yearly rent of £23 4s. 1d., payable on every first May and first November.

 

Tenure of Lot 2 continued

 

            Covenant by grantee to pay rent above taxes.

 

            Clause of distress and re-entry in case of nonpayment of rent.

 

            Covenant by grantor for quiet enjoyment.

 

The owners portion of the land demised by this grant contains 31a. 3r. 23p and the rent paid therefore is £22 17s. 1d.

 

The second fee-farm Grant bears date the 7th of November 1863 and is made between Henry Aitkens Newell AITKENS[11], of the one part, James HAMILTON[12] and Thomas HAMILTON[13], and James McCULLAGH and David LYSTER[14], of the other part, whereby the said Henry Aitkens Newell AITKENS, for the considerations very mentioned under the provisions of the renewable leasehold conversion act, they grant unto the said to James HAMILTON Thomas HAMILTON, James McCULLAGH, and David LYSTER, their heirs and assigns, that part of the town and Lands of Ednafirkin as formerly in the possession of the said Alexander HAMILTON, containing 20 acres, Irish plantation measure, part of the Townland of Ednfirkin, be the same more or less situate in the Barony of Cremourne and County of Monaghan.  Excepting and reserving all mines and minerals of every kind, with liberty of ingress and egress to take, search for and carry away the same.  To hold the said premises with the appurtenances unto the said James HAMILTON, Thomas HAMILTON, James McCULLAGH, and David LYSTER, their heirs and assigns forever, according to their respective estates and interests therein, subject to the yearly rent of £15 10s. 0d., payable moietively on first May and first November, in each year.

 

            Covenant to pay rent.

 

            Power of distress and reentry in case of nonpayment of rent.

 

            Covenant for quiet enjoyment.

 

The portion of said lands formerly in possession of the said James McCULLAGH, deceased, and now of the Owner in this matter is 1 acre and 36 perches what will be sold subject to the proportionate head rent of 11 S.  5 ½ d., yearly.

See Conditions of sale.

 

GENERAL DESCRIPTIVE PARTICULARS

 

The Estate comprised in this Rental is situated in the Barony of Cremourne, County of Monaghan, within about 2 ½ miles of Ballybay, an excellent market town, and one of the stations of the great Northern Railway Co. of Ireland, and the junction of the Cootehill branch.

 

The lands which are situated in the center of one of the best flax growing districts in the north of Ireland are almost all arable and permanent meadow, and are a high state of cultivation.  Upon Lot No. 1 a new slated dwelling house has been lately erected and the office houses are good and suitable for the holding.

 

The lands are all well circumstanced as regards country roads, almost every field has a plentiful supply of water for cattle, and there is an abundant supply of turbary, which is elsewhere very scarce, and lets at very high rents in the neighborhood, being so near Ballybay, and within easy distance of Clones, two of the principal fair and market towns in the county, and being all in the owner’s possession, they afford a valuable investment to purchasers who may wish to buy, not merely in Fee-simple, but also the tenant right interest in the lands.  The tenant right interest alone sells in the neighborhood of Ballybay at a price sometimes exceeding 10 years purchase of the rental.  The farm is well-known as the best in the neighborhood for grazing purposes and is particularly free from every kind of cattle disease.

 

Lot No. 1

This lock is held in fee simple, subject only the charges set out in the rental and affords opportunity to tenant farmers of obtaining a compact and excellent farm of land.

 

Lot No. 2

Lots number two is held, with other portions of Ednfirkin, under two separate Fee-farm grants.  The rent payable by each tenant had been settled and ascertained for many years, so that practically the purchaser has only to pay a rent charge out of them.

 

CONDITIONS OF SALE.

 

  1. The purchaser shall not be at liberty to object, or be entitled to be discharged, or claim compensation, by reason of any trifling error or variance in the rental as to quantity of land or rent.
  2. Several lots will be sold subject to the rights and easements stated in the rental.
  3. The rights of mill owners, and all other persons, in respect of the streams or watercourses bounding or intersecting the premises, will be preserved in the conveyances to the purchasers.
  4. The right of the public to use the county roads and bounding or intersecting the lands, will be preserved in the conveyance to the purchaser.
  5. The purchaser of No. 2 shall not be at liberty to require any evidence of the title of the Lessors and the several original leases or grantors in the two Fee- farm Grants, dated respectively the 29th day of November, 1856, and 7th November, 1863, under which same, with the other portions of the said Lands are held, or held to object by reason of any encumbrances affecting Lessors or Grantors interest in the same respectively,
  6. The lands comprised in lots number two will be sold liable, in conjunction with the other parts of Ednafirkin comprised in said Fee-farm Grants respectfully, to the whole of the rents reserved in each Fee-farm Grants respecively: but with such right of contribution out of the other portions comprised in said grants, and not sold in this matter, as at present exist and is just.  The amount stated in the rental is the contribution settled on and heretofore payable and paid.

 

Certified copies of the settlements of 29 April, 1811, and 7th March, 1825, mentioned in the particulars of Tenure of Lot 1 will be handed to the purchaser of Lot 1.

 

Copies of the following deeds, set forth on the abstract of title, will be handed to the purchasers, and accepted by them in lieu of the originals thereof, viz. :

 

            LOT 1  --         Deed of Partition dated 21st June, 1849.

            LOT 2 --          Lease dated 27th December, 1796.

                                    Lease, he dated 4th of March, 1812.

                                    Memorial of deed, dated 29 April, in 1830.

                                    Fee-farm Grant, dated 7th November, 1863.

 

No

on Map

Denominations

Tenants, Names

Estimated

Yearly Value

Quantity of land

Statute measure

Rights of common, or of cutting turf, rights of way, and other easements admitted to exist.

1,1a,

1b

DRUMMUCK (part of,)

In the Barony of Cremorne

And County of Monaghan

In the Owners possession …

£      s.   d.

145  0   0

A.R.P.

94.3.30

The right of the public to use the country roads which bound or pass through the Estate, as delineated on the next map, and marked thereon “country road”, will be preserved.

 

The stream lettered F E H on map, supplies the water power to Mills below the Estate, and is the tail race of a Mill above it, and the owners have no right to dam, divert, or diminish the water.

 

The rights of all persons in respect thereof, and in respect of the stream lettered H. H. on map and in respect of all other streams or water courses following through or bounding the lands, will be preserved in the conveyance to the purchaser as they at present exists.

 

See conditions of sale.

 

As stated in Conditions of Sale, these lands are liable to a perpetual annuity of £30, late Irish currency, equivalent to £ 23 13s. 10d. stirling, and to an annuity of £40, sterling for the life of Mrs. Eliza McCULLAGH, now aged 71 years; they are also liable to £3 8s. 1 1/2d. tithe rent charge.

 

The ordinance valuation of this lot is £90 10s.

 

Lot No. 2

Part of the lands of EDNAFIRKIN in the Barony of Cremourne County of Monaghan,

Containing 33a. 0r. 19p. \ statute measure, held with other portions of said lands under Fee-farm grants, dated respectively 29th day of November, 1856, and 7th November 1863.

 

No

on Map

Denominations

Tenants, Names

Estimated

Yearly Value

Quantity of land

Statute measure

Rights of common, or of cutting turf, rights of way, and other easements admitted to exist.

1,1a,

1b

EDNAFIRKIN (part of)

In the owners possession

£      s.   d.

60    0    0

A     .R.      P.

31     3        2

   1     0     36

The right of the public to use the country roads, which bound or pass through the Estate, as delineated on the annexed map, and marked their own country road, will be preserved.

 

David LYSTER, a tenant of adjoining lands, has a right of way on foot, and with horses and vehicles and cattle, from the point A on the country road to the point R on the Lane, marked on the annexed map.

 

The representatives of Thomas Boyd, tenants of adjoining lands, had a similar right-of-way over the same Lane, from A to C on annexed map, and William BROWN[15] and James BROWN[16], tenants of adjoining lands, have each a similar right-of-way from A to the end of the lane at D., on annexed map.

 

The stream lettered S. E. H. on map, supplies the water power to the mills below the Estate, and is the tail race of a mill above it, and the owners have no right to dam, diverge, or diminish the water.

 

The watercourse lettered G. H. each day, Hb, Hc, Hd, Hi on the map drains the lands of Ednafirkin, which adjoins this estate, and the owners have no right to dam it, or to alter it anyway that would obstruct or retard the drainage of said lands, and generally the existing rights of all persons in respect of the streams and watercourses flowing through or bounding the lands will be preserved.

Estimated yearly value

 

£60 0 0

Deduct

head rent payable under fee farm grant

disproportion table out of part of lands not for sale

 

Head rent payable under fee farm grant of seven November, 1863

 

Less proportion payable out of part of the lands not for sale

 

Estimated net rental

 

£23.4.1

 

   0.7.0

             22.17.1

 

 

£15.10.0

 

 

£14.18.6 ½

               0.11.5 ½

 

 

 

 

 

 

 

 

 

 

 

23.8.6 ½

£36.11.5 ½

 

 

See conditions of sale.

The ordinance valuation of these lands is £25 15s.



[1] John Wallace MCCULLAGH (1840-1894) The son of James McCULLAGH & Eliza WALLACE, he died while resident at Drummuck, Co. Monaghan (this would likely be Drummuck Cottage). This is the second John Wallace in the family, so I presume that the first one died already. This one is born 3rd December 1840, baptised February 2nd 1841 by Wm GIBSON, when his parents were resident at Dunrimond. SOURCE: 1st Ballybay Baptisms.

[2] Joseph DICKEY. Solicitor of Dundalk - I am unsure which one he might be.

[3] James McCULLAGH. He died 1865, husband of Eliza WALLACE. SOURCE: The Will of James M'Cullagh late of Drummuck Cottage in the County of Monaghan Esquire deceased who died 2 October 1865 at Ednafirkin in the said County was proved at Armagh by the oaths of John Wallace M'Cullagh of Drummuck Cottage (Ballybay) aforesaid Gentleman and Thomas M'Cullagh (Gentleman) and Joseph Dickie (Solicitor) both of Dundalk the Executors.

[4] Drummuck, Parish of Ballybay, Co. Monaghan.

[5] Ednafirkin, AKA Edenafirkin, Parish of Tullycorbett, CO. Monaghan.

[6] Thomas Coulter DICKIE (1837-1908) He was a sole surviving son of John Thomas DICKIE & Jane WALLACE and had a law practice in Omagh.

[7] Eliza McCULLAGH nèe WALLACE (1809-1895) from Cloghoge, Co. Louth. She had 14 children, 3 of whom died young. Her father was John WALLACE, an attorney, and her mother was Jane DONALDSON.

[8] This would be a useful document to find.

[9] Thomas McCULLAGH. I don’t know for sure which one this might be. The Thomas McCULLAGH who was the brother of James McCULLAGH (d. 1865) had a will probated in 1850 – so his dates don’t work. The son of James, the Thomas McCULLAGH (1843-1895) is the most likely.

[10] James McCULLAGH. Given that the name Thomas McCULLAGH preceeds this, I am going to guess that this one is the James McCULLAGH (d. 1892 at Drummuck Cottage) who was a brother a Thomas and son of James & Eliza.

[11] Henry Aitkens Newell AITKENS

[12] James HAMILTON, In 1829 James HAMILTON and Isaiah HAMILTON had leases at Ednafirkin in 1829 SOURCE: Freeholders Imp. Reporter. James HAMILTON is also included as one of the lives in the lease of Rev. Joseph MARTIN along with James McMURRAY and Archibald BROWNE.

[13] Thomas HAMILTON

[14] David LYSTER

[15] William BROWN. He may be related to Archibald BROWN - probably the William who was his son. SEE: 1845 Will of Archibald BROWN

[16] James BROWN

 

 

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