1818 Feb 28 William WALLACE – John McCULLOUGH
THIS INDENTED DEED OF DEPUTATION NOMINATION AND APPOINTMENT made the 28th day of February in the year of our Lord 1818 between William WALLACE[1] of Lisnafeedy the County of Armagh gentleman (husband of Mary WALLACE otherwise IRWIN[2] the principal devisee named in the last will and testament of John McCULLOUGH[3] late of Lisnafeedy aforesaid gentleman deceased) of the first part Jane OLIVER[4] otherwise McCULLOUGH wife of William OLIVER[5] of the city of Armagh gentleman eldest sister of the said John McCULLOUGH and an annuitant named in his said will of the second part, Margaret VOGAN[6] otherwise McCULLOUGH wife of James VOGAN[7] of Palinagh[8] in the said County of Armagh gentleman second sister of the said John McCULLOUGH and also an annuitant named in his said will of the third part, and John WAUGH[9] of the said city of Armagh gentleman of the fourth part, whereas the John McCULLOUGH was in the lifetime and at the time of decease possessed up and entitled unto 49 acres two roods 39 perches Irish plantation measure of the towns and lands of Iskeameady [aka Iskymeadow] in the Manor of Toaghy[10] and County of Armagh under and by virtue of the lease to him thereof made by the present Earl of Farnham[11] bearing date the 23rd day of January 1805 for the term of 20 years from the first day of November than the last of the covenant for the renewal thereof toties quoties subject to the rents and fees of £10:11:11 annually under the first day of May 1811 and for the remainder of said term £11:8:8 annually. – The said John McCULLOUGH was also possessed of and entitled unto 39 acres 2 roods 21 perches English statute measure of the towns and lands of Lisnafeedy in the said County of Armagh together with one rood of Bog in Killylea Bog[12] and one rood in Ballymacully Bog[13], under and by virtue of a lease to him thereof made by Charles HUDSON[14] Esq., Anne[15] his wife, Berresford BURSTON[16], Joshua McGEOUGH[17], and Joshua McGEOUGH[18] Esquires and Samuel HOUSTON[19] Esq. for the term of 21 years from the first day of May then last with the covenant for the renewal thereof toties quoties, at and subject to the yearly rent of £31:4:0 fees and duties included. – And the said John McCULLOUGH was also possessed of and entitled unto the common lands of Tullynockhill otherwise Tullynichol in the said County of Armagh, being a chattel property which he purchased from, and which was assigned to him by George PERRY[20] Esq. by indented deed bearing date the 15th day of September in the year 1807; by which last mentioned deed the said John McCULLOUGH did for himself with executors and administrators and assigns covenant promise and agreed to and with the said George Perry his executors administration assigns that he the said John McCULLOUGH his executors and administrators and assigns should and would at all times thereafter well and truly pay the sum of £800 with legal interest thereon at the rate of £6 per annum on each and every £100 thereof from the last day of November than last unto Elizabeth TURNER[21] therein before named her executors and administrators and assigns in discharge of a legacy bequeathed to her by the wills of Henry CUST[22] and Annaritta CUST[23] deceased. AND whereas the said John WAUGH (party hereto) is now by Means Assignments otherwise legally entitled to the said sum of £800 and the interest of which the said John McCULLOUGH by last recited deed covenanted to pay to said Elizabeth TURNER executors administrators and assigns as aforesaid. And whereas the said John McCULLOUGH is dead, having before his death, to whit on or about the 24th day of October in the year 1809 duly made and published his last will and Testament in writing; and thereby gave and bequeathed unto his elder sister Jane OLIVER party hereto, one annuity or yearly sum of £60 payable out of the said lands of Tullynichol, Iskeamedy [aka Iskymeadow] and Lisnafeedy for own sole use and benefit during her natural
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life. And no longer payable half yearly on every first day of May and first day of November. And also gave and bequeathed to his said second sister Margaret VOGAN party hereto, one annuity or yearly sum of £80 payable out of the said lands of Tullynichol, Iskeamedy [aka Iskymeadow] and Lisnafeedy for her own sole use and benefit during her natural life and no longer payable half yearly on every first day of May and first day of November, and subject as aforesaid and certain other bequests in legacies by said will bequeathed and given. The said John McCULLOUGH did thereby give and bequeath unto the niece Mary IRWIN, now, the wife of the said William WALLACE all his the said John McCULLOUGH’s estate of in and to the said lands of Tullynichol, Iskeamedy [aka Iskymeadow] and Lisnafeedy and all his other several property subject to the payment of the several legacies and bequests therein before mentioned. To hold to her subject as aforesaid said to her and her heirs lawfully begotten for ever and appointed, Mr Thomas GREER and the said William OLIVER the husband of the said Jane OLIVER executors of said will, who both proved the same, and obtained letters of administration with the probate of said will and out of the Consistory Court of the Diocese of Armagh, under which they for sometime acted, and obtained a renewal or a new lease of said lands of Tullynichol, bearing date the 28th day of January in the year 1813 to be granted to them by Richard Gervas KER[24] Esquire for the term of 20 years from the first day of May 1812 with the covenant for the renewal thereof Toties Quoties at and subject to the yearly rent of £29.08.0 with a proportional part of fines payable half yearly on every first day of May and first day of November, during said last mentioned term. And whereas the said William WALLACE having intermarried with the said Mary IRWIN the residuary legatee named in the said, will he in right of his said wife called upon said executors to account with him as such which they accordingly did and not only handed over to him all the property title deed and papers which came to their hands, but also permitted the said William WALLACE peaceably and quietly to enter into possession, and receipt of the rents issues and profits of the several and respective lands and premises hereinbefore mentioned, and which are chargeable as aforesaid with the said sum of £800 and interest for the said John WAUGH his executors, administrators and assigns and with the said several and respective annuities; but although the said William WALLACE got thus into possession, and receipt of the said rents issues and profits he hath latterly admitted and neglected to pay the said Jane OLIVER’s said annuity, so that the sum of £60 thereof was due to her on the first day of November last and still remains due. By reason whereof a bill hath been lately filed by and in the names of the said William OLIVER and Jane his wife against the said William WALLACE to compel payment of said annuity and to have a receiver appointed to receive the rents issues and profits of said premises for the purpose of paying the same; but in order to avoid further litigation expense the said several parties to these presents have entered into and concluded an agreement that the said John WAUGH should be legally nominated and appointed receiver of the rents of said premises for the purpose of discharging the interest of said sum of £800 as aforesaid due to him, and also for the purpose of paying of and discharging the arrears now due on foot of said several and respective annuities to the said Jane OLIVER and Margaret VOGAN severally and respectively and the accruing gales there of as the same shall become due and payable under and by virtue of the said recited will. This indenture therefore witnesses that in pursuance of the said recited agreement and in order to carry the same into complete and
[pg3] specific execution and for and in consideration of the covenants provisos and agreements hereinafter mentioned and expressed he the said William WALLACE by and with the consent and approbation of the said Jane OLIVER and Margaret VOGAN testified by their severally in respectively becoming executing parties to these presents have made ordained nominated constituted and appointed and by these presents doth make ordain nominate constitute and appoint the said John WAUGH to be the true unlawful attorney of his the said William WALLACE in the premises with full power and authority to and for him the said John WAUGH ask demand sue for recover and resolve all rents and arrear of rents now due or hereafter to accrue due and owing out of the said several respective lands and premises in Tullynichol, Iskeamedy [aka Iskymeadow] and Lisnafeedy during the natural life and lives of the said John OLIVER[25] and Margaret VOGAN and the survivor of them and on receipt of said rents and arrears of rents receipts, and other sufficient acquaintances and discharges from time to time to execute and deliver either in the name of the said John WAUGH himself, or in the name of the said John WALLACE, or the name of both of them, whichever shall be deemed most proper and valid and in case of nonpayment of the said rents and arrears any part thereof, that it shall and may be lawful to and for the said John WAUGH to use all legal ways means and remedies either by distress sale personal actions or entry according to the laws for the time being between landlords and tenants either in the name of the said John WAUGH or in the name of the said William WALLACE or in their joint names as Counsel learned in the law shall deem expedient and necessary, and advise devise require. And the said William WALLACE doth hereby covenant and agree that he shall and will ratify and confirm, and he doth hereby accordingly ratify confirm and hold good and valid all and every deed act matter and thing whatsoever what the said John WAUGH should lawfully do or cause to be done in the premises under and by virtue of those present to as fully and effectually to every intent and purpose whatsoever as if he the said William WALLACE were to be personally present and should do the same and moreover that the said William WALLACE pending the continuance of the said John WAUGH in the receivership shall not either directly or indirectly without the previous written consent of the said Jane OLIVER and Margaret VOGAN or the survivor of them accept of or take any surrender or surrenders, or set, sell, demise or in any manner dispose of or encumber the said lands and premises are any part thereof, so as to lessen decrease or diminish the present annual value thereof, or in any manner receive or interfere with the receipt of the rents issues profits of said premises or any part thereof save by joining in giving receipts for such parts of said rents as the said John WAUGH shall receive, which receipts, he hereby binds himself to join in and execute in case he shall be required so to do by the said John WAUGH. And that any sale surrender demise or disposal, or any encumbrance made executed permitted or suffered by the said William WALLACE pending the said receivership or a receipt or receipts through said rents or arrears individually given made or secured by him during that time shall be utterly null and void to every intent and purpose, provided, however, that ant [sic?] surrender lease, setting or demise of said premises, excepted of made or given by the said William WALLACE with the written consent of the said Margaret VOGAN and Jane OLIVER, or the survivor of them shall always pending the continuance of the said John WAUGH in the said receivership be binding good and valid anything here in contained to the contrary, thereof, or any wise notwith
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standing and is hereby covenanted and expressly agreed upon by and between all the parties to these presents for themselves and each of them jointly and severally, that the expressed term and conditions upon which the said receivership has been granted to and accepted of by the said John WAUGH are and shall be as follows, that is to say, – in the first place that it shall and may be lawful to and for the said John WAUGH to reserve detain and keep to his own use so much of the said rents issues and profits as shall be sufficient and necessary to remunerate and reimburse him for all costs and expenses which he shall sustain be put to and benefits pay, in and about the receipt and recovery of the said rents issues and profits together with one shilling in the pound on all sums to be received by him under and by virtue of these presents, and that he shall not by any means be accountable for any more of the said rents fines or profits that what he shall actually and bonafide receive. IN the next place that it shall and may be lawful to and for the said John WAUGH to pay and apply so much of the said rents issues and profits as shall from time to time be requisite necessary pay off and discharge the several respective head rents fees and renewal fines now due on pending his said receivership to accrue due out of the said several and respective lands and premises, so as to preserve and protect the several respective head leases thereof from forfeiture or eviction. In the next place that it shall and may be lawful to and for the said John WAUGH to retain keep to his own use so much of the rents issues and profits of said premises as shall be sufficient necessary to discharge the accruing interest of the said sum of £800 which he the said John WAUGH is entitled to as aforesaid without prejudice whatever to the said John WAUGH or his executors, administrators assigns suing for, levying and enforcing payment of the said sum of £800 at any time he or they shall think proper. - IN the next place that the said John WAUGH shall by and out of the said rents issues and profits so far as the same shall be adequate and necessary for that purpose pay off and discharge the arrears now due on foot of the said several and respective annuities to the said Jane OLIVER and Margaret VOGAN and the accruing gales thereof, in the order and accruing to the manner in which the said annuities respectively given and bequeathed by the said last will and Testament of their said brother John McCULLOUGH, deceased. AND lastly the said John WAUGH shall pay and hand over the survey (if any there shall be) of the said rents issues and profits after all, the foregoing charges and purchases shall be fully answered onto the said William WALLACE his executors, administrators or assigns provided, however, that these presents are upon this express condition that nothing herein contained show bar hinder or prevent the said Jane OLIVER and Margaret VOGAN either of them in case of nonpayment of their and several respective annuities and the said arrears thereof any part thereof, from proceeding on said Bill in equity so as aforesaid filed by the said William and Jane OLIVER, or in any other manner that Counsel learned in the law shall advise and direct for recovery of the said several and respective annuities and all arrears thereof. AND it is hereby further covenanted and agreed upon the said William WALLACE his executors, administrators assigns shall have no power authority whatsoever during the joint lives of the said Jane OLIVER and Margaret VOGAN or the survivor of them to alter or revoke these presents or any matter or thing here in contained without the joint direction
Pg 5 and consent in writing of them the said Jane OLIVER and Margaret VOGAN or the survivor of them first had and obtained, but then it shall and may be lawful to and for the said Jane OLIVER and Margaret VOGAN jointly or severally to revoke these presents by such writing as aforesaid, provided always that if such revocation shall be separate and not joint the same shall be only deemed construed and taken as the act and deed of her who shall execute such revocation as an shall nit [sic? not] by any means obstruct hinder or prevent the said John WAUGH from acting and continuing to act under and by virtue of these presents for her who shall continue and not [reserve?] him from said receivership by such revocation as aforesaid, and lastly it is hereby covenanted and agreed upon by between all the said parties to these presents for themselves severally and respectively and for their several and respective executors administrators and assigns that immediately upon the decease of the survivor of them the said Jane OLIVER and Margaret VOGAN these presents shall of course be and become utterly null and void to every intent and purpose whatsoever anything hereinbefore contained to the contrary, thereof in any wise, notwithstanding provided, however, that the said John WAUGH his executors, administrators and assigns shall after the decease of the said Jane OLIVER and Margaret VOGAN and the survivor of them to be at full liberty as he before was to sue for, levy enforce, recover and receive payment of the said £800 so due to him as aforesaid, and the legal interest at any time he or they shall think proper as aforesaid in case the same shall not before that time be fully paid off and discharged. In witness whereof the parties aforesaid have hereunto set their hands and seals the day and year first here in written. William WALLACE [seal] Jane OLIVER [seal] John WAUGH [seal]] Signed sealed and delivered by the within named William WALLACE, Jane OLIVER, and John WAUGH, in presence of William M’CLEAVE [26] Thomas APPLEBY[27]
[1] William WALLACE (1778-1864) d 28 Jan 1864 at Lisnafeedy. Survived by wife Mary WALLACE née IRWIN. · Probate at PRONI for William WALLACE. His death cert says that he was age 86 (therefore b abt 1778). · Given the geography, I suspect a relationship with the much earlier Rev. James WALLACE of Urney, Co. Tyrone who had a will dated 1675. · William WALLACE and Mary IRWIN had a daughter, Mary Anne WALLACE (abt 1819-1871). Her probate is at PRONI: The Will (with one Codicil) of Mary Anne WALLACE late of Lisnafeedy House County Armagh Spinster deceased who died 23 August 1871 at same place was proved at Armagh by the oath of Sinnamon Noble of Armagh Land Agent one of the Executors. Effects under £1,500. She had land at Lisnafeedy, Mowuillan and Iskeameady [aka Iskymeadow]. Left all to servants and friends. A death cert for a Mary on this date says she died age 52. [2] Mary WALLACE née IRWIN (abt 1797-1870) principle devisee and niece of John McCULLOUGH.
[3] John McCULLOUGH aka McCULLAGH McCULLAGH (-1818) died at Kearny Hill, the husband of Jane OLIVER. They had 4 children. He was a linen merchant, and a son of John McCULLAGH of Clady More. [4] Jane OLIVER née McCULLOUGH aka Janet aka McCULLAGH. [5] William OLIVER (1764-1854), was the husband of Janet McCULLAGH and also the brother-in law of her brother, John McCULLAGH (who had married William OLIVER’s sister Jane OLIVER. He was the son of William OLIVER (abt 1730-1816) & Elizabeth STEEL. The family was associated with the Lisnadill Church of Ireland. NOTE: The 2nd wife of this William OLIVER (1764-1854) was probably Elizabeth BALLENTINE.
[6] Margaret VOGAN née McCULLOUGH née McCULLOUGH, daughter of John McCULLOUGH of Clady. [7] James VOGAN of Palinagh aka Pollnagh. [8] In the 1664 Hearth Rolls, there was a townland in the Barony of Armagh which sounds similar and was called Paltigagh. Pollnagh, Parish of Tynan is just north west of Killylea. Thanks to Alison Kilpatrick who pointed me in the right direction. [9] John WAUGH solicitor of Armagh [10] The ancient precinct of Toaghy included the following townlands: ... format: modern spellings since c.1830 (17th century spellings). NOTE: Thanks to Alison Kilpatrick for this. - Lisdown, parish of Eglish (Ballydenian, Ballydeanin,
Balleyndangan, Balledeanin) Sources o (1) Glancy, Michael. The Church Lands of Armagh No. 2: The Precincts of Cosway, Coscallen and Toaghy. Seanchas Ardmhacha: Journal of the Armagh Diocesan Historical Society Vol. 3, No. 2 (1959), pp. 341-368. (2) Queen’s University, Belfast. The Northern Ireland Place-Name Project. Online at www.placenamesni.org (accessed 2017-07-24). [11] Earl of Farnham. John James MAXWELL (1760-1823), 2nd Earl of Farnham (5 February 1760 – 23 July 1823) was an Irish Representative peer and politician. His father was Barry MAXWELL and his mother was Margaret KING, daughter of Robert KING of Drewstown, Co. Meath.
[13] Ballymacally Bog – either Ballymacully Lower or Ballymacully Upper NOTE: Of interest is that Lisnafeedy is on the eastern boundary, Pollnagh is on the southern boundary and Foyarr on the western boundary. [14] Charles HUDSON [15] Anne HUDSON [16] Berresford BURSTON (1741-1825) · A lawyer of Middle Temple, London, he died Oct 1825 at Fir House age 84. SOURCE: Leinster City Oct 19, 1825. · \His father was a Dublin barrister and one of the leading advocates of Catholic emancipation. SEE: Ireland’s Minstrel. See Also: King’s Council (Dublin Directory, 1796 , p.64) · His wife, Frances (1803-1824): At Fir House, in the County of Dublin, on the 21st ultimo, in the 21st year of her age, Frances, wife of Beresford Burston, Esq. SOURCE: The Connaught Journal Feb 5, 1824 [17] Joshua McGEOUGH – one of these was executor of Annarita’s will, and died in 1817. [18] Joshua McGEOUGH – presumably the son of the original executor Joshua GEOUGH [19] Samuel HOUSTON [20] George PERRY [21] Elizabeth TURNER née CUST married Prescot TURNER in 1785 and was a niece of Annaritta CUST. SOURCE: Ways to Wealth: The Cust family of eighteenth century Armagh. L.A. Clarkson and E. M. Crawford. Ulster Society for Historical Studies.1985. [22] Henry CUST (1707-1781) brother of Annarita CUST [23] Annaritta CUST d. Nov 1797 in Market Street, City of Armagh. [24] Richard Gervas KER of Red Hall, Co. Antrim,. 1823 Probate at National Library, London. Member of British Parliament. [25] This has to be in error in the typescript that I was working from. There is no other mention of a John OLIVER, so I suspect that it should read Jane OLIVER [26] William M’CLEAVE [27] Thomas APPLEBY
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