Indenture dated 1821 Dec 19. SOURCE: PRONI D889/1/122C NOTE: I have capitalized the surnames to make them more easier to spot. Please let me know if you see transcription errors or else if you can add more to what is known in the footnotes. Thanks.
THIS INDENTURE made the 19th day of December in the year of our Lord 1821 between the Rev. William HUTCHINSON[1] of Ballyrath[2] in the County of Armagh clerk of the one part and John McCULLAGH[3] junior of Kearney Hill[4] and Benjamin OLIVER[5] of Killinure[6] both in the County of Armagh farmers the executors and administrators of John McCULLAGH[7] senior late of Kearney Hill aforesaid linen merchant deceased of the other part whereas by indenture of lease bearing date the 31st day of December in the year 1801 the said William HUTCHINSON did demise unto Thomas GREER[8] late of the city of Armagh but now of Belfast in the County of Antrim and merchant all that and those that tenement situate on the South side of Scotch St[9]. in the same city of County Armagh containing in part containing in part 8 feet and in the rear 74 feet bounded on the east by Peter CHRISTY's [10]tenement on the West by William NICHOLS[11] tenement on the North by Scotch St. and on the South By Abby Lane be the same more or less as the same are more particularly laid down and described by a chart or a map of the same to said lease and annexed To hold unto the same said Thomas GREER his Exors Admons and Assigns from the first day of May then last for the term of 21 years at subject to the yearly rent of 25 pounds 13 shillings payable half yearly on every first day of May and first day of November during said term. In which lease there is contained a covenant for the renewal thereof toties quoties together with several other clauses covenants and [?] exactly similar to those which are here in after contained. AND whereas by indented deed of conveyance bearing date the 13th day of November 1813 the said Thomas GREER for and in consideration of the sum of £626 conveyed his interest in said demised premises unto the said John McCULLAGH senior. AND whereas the said John McCULLAGH senior is since dead having before his death to will on the 28th day of March 1818 duly made and published his last will and testament in writing and appended his said son John McCULLAGH junior party hereto and his the Testator's brother in law of the said Benjamin OLIVER also party hereto Executors of said Will which was duly proved and approved in common form of law in the Consistorial Court of the Diocese of Armagh and Administration of all and singular the given rights credits and chattels of the said John McCULLAGH senior with a probate of the said will annexed were on the first day of December 10 1818 granted and committed by said Court unto the said John McCULLAGH junior and Benjamin OLIVER the Executors named in the said will so that the said John McCULLAGH junior and Benjamin OLIVER as Executors of the said John McCULLAGH deceased and under and by virtue of the said Will and Letters of Administration are now legally entitled to the renewal of said recited lease and the premises thereby demised pursuant to a covenant for renewal of toties quoties on said lease contained. NOW this indenture witnesseth that in pursuance of the said covenant for renewal toties quoties in the said recited lease contained and for and in consideration of the sum of five shillings sterling being the fine now due to the said William HUTCHINSON under said covenant to him the said William HUTCHINSON in hand will and truly paid by the said John McCULLAGH junior and Benjamin OLIVER or one of them at or immediately before the ensuing and delivery of these presents the receipt as hereof is hereby acknowledged also for in consideration of the yearly rent and covenants herein after reserved. He the said William HUTCHINSON HATH demised granted set and to farm let and by these presents DOTH demise grant set and to farm let on to the said John McCULLAGH junior and Benjamin OLIVER ALL that and those that tenement situate on the South side of Scotch St. in the city of Armagh aforesaid containing a front to Scotch St. 44'6" in depth on the West side joining William NICHOLS tenement 97 feet and in-depth on the East side joining Peter CHRISTY's Tenement 98 feet and in the rear 24 feet Bounded on the East by Peter CHRISTY's tenement on the West by William NICHOLS Tenement and on the North by Scotch St. and on the South By Abby Lane be the same more or less as the same are particularly laid down and described by a Chart or a Map of the same hereunto annexed. To have and to hold all and singular the said demise premises with the rights members and appurtenances thereto belonging to or in any wise appertaining unto the said John McCULLAGH junior and Benjamin OLIVER their Exors Admons and Assigns from the first day of May last for and during the term time and space of 21 years from thence to set ensuing fully to be completed and ended. They the said John McCULLAGH junior and Benjamin OLIVER their Exors Admons and Assigns yielding and PAYING therefore and thereon yearly and every year during the said term under the said William HUTCHINSON’s Exors Admons and Assigns the clear yearly rent of 25 pounds 13 shillings sterling to be paid by the equal payments on any first day of May in first of November in every year during the said term over and above all taxes charges and positions whatsoever the first payment thereof to be made in the first day of November next ensuing the date of these presents. AND if the said reserved yearly rent or any part thereof shall happen to be behind or unpaid by the space of 21 days next after any the days herein before mentioned for the payment thereof then and so often as it shall happen it shall and may be lawful to and for the said William HUTCHINSON’s Exors Admons and Assigns onto the said demised premises or any part thereof to enter into destrain and the distress and distresses then and there found to lend drive make away and impound and to dispose of according to law. AND if no sufficient distress or distresses shall and or may be found on the said premises to satisfy the said rents and all arrears then it shall and may be lawful to and for the said William HUTCHINSON his Exors Admons and Assigns into the said demise premises or any part thereof in the name of the whole to reorder and the same to have again repossess and enjoy as in his or their former estate anything in these presents contained to the contrary thereof in any wise notwithstanding. AND the said John McCULLAGH junior and Benjamin OLIVER do hereby for themselves their Exors Admons and Assigns covenant promise and agree to and with the said William HUTCHINSON his Exors Admons and Assigns by these presents that they the said John McCULLAGH junior and Benjamin OLIVER their Exors Admons and Assigns shall and will from time to time and at all times hereafter during the term hereby demised well and sufficiently satisfy content and pay to the said William HUTCHINSON his Exors Admons and Assigns the said reserved yearly rent on the said days and at the times herein before mentioned for the payment thereof clear above all taxes as aforesaid AND that the HUTCHINSON his Exors Admons and Assigns the said yearly rent on the said days and all the something herein before mentioned for the payment thereof clear above in all taxes as aforesaid. And that the said John McCULLAGH junior and Benjamin OLIVER their Exors Admons and Assigns shall and will during this demise preserve uphold support maintain and keep the said demised premises and all improvements made and to be made there in on good and sufficient tenentable order repair and condition and at the and or other sooner determination of this demise shall and will so [?] yield and deliver up the same unto the said William HUTCHINSON his Exors Admons and Assigns in the like good order plight condition and repair. AND the said William Hutchison doth himself his Exors Admons and Assigns covenant promise and agree to and with the said John McCULLAGH junior and Benjamin OLIVER their Exors Admons and Assigns that the said John McCULLAGH junior and Benjamin OLIVER their Exors Admons and Assigns paying the said reserved yearly rent and performing the covenants herein before mentioned shall and may peaceably and quietly have hold and enjoy the said demise premises with the appurtenances during the term hereby demised without the let hindrance interruption or disturbance of the said William HUTCHINSON his Exors Admons and Assigns or any other proven or persons claiming or deriving by from or under him them or any of them. AND the said William Hutchison doth himself his Exors Admons and Assigns covenant promise and agreed to and with the said John McCULLAGH junior and Benjamin OLIVER their Exors Admons and Assigns that he the said William HUTCHINSON his Exors Admons and Assigns shall and will at the end of the said term of 20 years renew or grant a new lease of the said demised premises with the appurtenances onto the said John McCULLAGH junior and Benjamin OLIVER their Exors Admons and Assigns for such further term of years as the said William HUTCHINSON his Exors Admons and Assigns shall obtain the said premises from the honorable Richard Thomas Lord Baron Cremorne[12] and his Exors Admons and Assigns or any other person or persons whatsoever at the said reserved yearly rent and under the like covenants herein before mentioned. AND that the said William HUTCHINSON his Exors Admons and Assigns shall and will from time to time and at all times thereafter as often as he or they shall and will obtain a renewal date or new lease of the said premises from the said Richard Thomas Lord Baron Cremorne and his Exors Admons and Assigns or any other person or persons whatsoever at the said reserved yearly rate and under the like covenants hereas before mentioned. AND that the said William HUTCHINSON his Exors Admons and Assigns shall and will from time to time and at all times hereafter as aforesaid continue to renew or grant a new lease of the said premises to the said John McCULLAGH junior and Benjamin OLIVER their Exors Admons and Assigns under the like rent clauses covenants and agreements herein mentioned, the said John McCULLAGH junior and Benjamin OLIVER their Exors Admons and Assigns paying unto the said William HUTCHINSON his Exors Admons and Assigns that the sum of five shillings sterling as a fine on every renewal hereafter to be obtained thereof. IN witness thereof the party's aforesaid have hereunto put their hands and seals the way and year past above written.
John McCullagh [SEAL] Benj Oliver [SEAL] Wm Hutchinson [SEAL] [1] William HUTCHINSON (1758-1827) SOURCE: 1828 Jan 4 The Newry Commercial Telegraph In Ballyrath, near Armagh, on the 27th ult., in the 69th year of his age, the Rev. WILLIAM HUTCHINSON, a gentleman who signalized himself at an early period of his life in Trinity College, Dublin, as an accomplished scholar. He was a man of extensive information--whose mind was stored with interesting anecdotes, which he related with great candour, energy, and humour. He was a fond husband--a kind and affectionate father--a steady friend--and a man who wished well to the whole human race. He was the survivor of three brothers, who in the prime of their youth attracted universal attention at the general reviews of Volunteer Corps in Belfast and Newry, for their remarkable elegance and symmetry of features and of form. In activity -- in muscular power, they could not have been excelled by any three men in Ulster. Mr. Hutchinson, prior to his entering into the Church, was a member of the Second Armagh Corps of Volunteers, raised in the year 1789, in which he was a very active and useful member. He married an unnamed ARBUTHNOTE (SEE: KIDD-OSBORNE tree on my computer. I will post that tree when I have time to source more material). He was also likely the father of William Scott HUTCHISON (1800-1839) who married a Mary Anne WALKER and they had children at Ballyrea (SEE: HUTCHINSON tree on my computer constructed from notes shared by Linda EDWARDS. I will post that tree when I have time to source more material.). There seems to be a close connection to the OLIVER family that would infer more than simple geography. He was a witness to several deeds. NOTE: I will be doing more work on this connection. See also Deed 539-293- 3555212 where a William HUTCHINSON is a witness to the OLIVER-ELGEE marriage document. SEE: http://www.thesilverbowl.com/documents/1801Sept25-OLIVER-ELGEE-Marriage.html [2] Ballyrath, Parish of Armagh, Co. Armagh. The waters that powered the Tullymore Mill flowed through Ballyrath. [3] John McCULLAGH junior. Son of Jane OLIVER (daughter of William OLIVER & Elizabeth STEEL) & John McCULLAGH. Born before 1816. [4] Kearney Hill.
Thanks to Linda Leonard, I now know that Kearney Hill is south of Armagh just
beneath the fork where Keady Road and Newtownhamilton Road meet. [SOURCE: email July 6, 2009]. It also happens to be
where the townland of Farmacaffly is –the earliest known home of OLIVERs in the
mid to late 1600s (the townland was then known as: SherranmcAghully, Parish of
Eglish, Co. Armagh).What is more, there is a more recent record of OLIVERs
here. The Roman Catholic church BMDs at Cardinal Tomás Ó Fiaich Memorial Library show that a Patrick OLIVER of
Farmacaffley and Mary Anne McCARDIE (McCARDLE?) had an illegitimate son Patrick
baptized April 3, 1893. [5] Benjamin OLIVER. (b. abt 1765 d. July 1, 1831), grandfather of Sir Thomas JACKSON. He married Elizabeth BRADFORD (1785-1825). She had six children and died when the youngest was 4 years old. Benjamin died when his youngest child was 10 years old. His parents were William OLIVER and Elizabeth STEEL. It seems likely that Benjamin was born at Ennislare, or at least in an adjacent townland where the OLIVER extended family owned various leases. He apparently procured the lease to Killynure just before his marriage. He and Elizabeth may have had more children who died young. This is simply a hunch based on the observation that the later children are spaced about 2-3 years apart, whereas there is a much longer gap between the first known children. [6] Killinure aka Killynure, Parish of Lisnadill, Co Armagh [7] John McCULLAGH senior (?-1818). He was a linen merchant, and son of John McCULLAGH (?-1787) of Cladymore. [8] Thomas GREER. The GREER family were in the linen trade. Exactly which one this is, I can’t be sure. [9] Scotch St. City of Armagh, Co. Armagh. Then as now, Scotch street was a street of mixed commercial interest. It was previously known by the name Fertagh Street and shows up as such in the 1660-1676 Rentals. The name Scotch Street first shows up about 1661, but Fertagh was still being used up to at least 1713.It was situated in the district names Trian Masain. (SOURCE: TGF Paterson Harvest Home: The Last Sheaf. p49). Interestingly, given the occupation of Peter CHRISTY, a Thomas JACKSON from Dublin had a boot business there in 1845 (SOURCE: Armagh Guardian, Jan 28, 1845.) [10] Peter CHRISTY of Scotch Street, City of Armagh, Co. Armagh. He is listed in Bradshaws 1819 Directory as a bootmaker. [11] William NICHOLS of Scotch Street, City of Armagh, Co. Armagh. He is not listed in Bradshaws 1819 Directory for Scotch Street. [12] Richard Thomas Lord Baron Cremorne. Aka Richard Thomas DAWSON (1788-1827), the great grand nephew of Thomas DAWSON, Baron Dartrey and later Viscount Cremorne of Dawson’s Grove). His ancestors came from Yorkshire during the reign of Elizabeth I. A Thomas DAWSON had two sons, Walter & Richard. The founder of the Dartrey branch was Richard DAWSON who served with Cromwell and assembled the nucleus of the family’s Co. Monaghan estate in the 1560s and 1660s. The Dartrey Papers at PRONI detail much of his family history. SEE: D3053. NOTE: The DAWSON-OLIVER connection still puzzles me. A Margaret DAWSON of Rockcorry (home of the Dartrey DAWSONs at Dawson’s Grove) was the widow of an unnamed DAWSON. She died Oct 22, 1773 (SOURCE: ABSTRACTS OF WILLS The Irish Ancestor. Vol VII No. 2, 1975 p86). Richard DAWSON, an attorney in Monaghan was one of her executors. One of her children was Elinor DAWSON who had already married Andrew OLIVER (in 1771). This Andrew OLIVER family roots go back to a William OLIVER (b. abt 1670) of SherranmcAghully, Parish of Eglish, Co. Armagh (and possibly his father was also an Andrew).
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