DEED 1839 19 98
1835 Feb 12
NOTE: Sometime I start in on a deed and then feel daunted by the legibility challenges. This is one such deed. I am leaving all the [?] bits as they are. At least, most of the salient information can be extracted.
NOTE: This deed is also worth reading alongside an 1856 judgement which includes the 1834 will of Robert Ellis BAILIE: http://www.thesilverbowl.com/documents/1856Jan22-BAILIE.html as well as alongside the Chancery input of John DICKIE of Casino. SEE: 1895 November 23
SNAPSHOT: The two trustees of the will of Robert Ellis BAILIE are the first parties in this deed. Two of the three sons of Robert Ellis BAILIE - John & William - are the second and third parties respectively. Various landlords are mentioned in the fourth part and then Robert BAILIE and Robert DICKIE are parties to the 5th part. This Memorial refers back to an earlier deed of 1811. There was a partition (mutually agreed upon) which involved 172 acres of Annaghvackey aka Roachdale whereby (it seems) Robert Ellis BAILIE got the 87 acres that he had been occupying and that Robert DICKIE got the 87 acres that was already in his possession. As a result of a further partition, of which this is a memorial, it seems that the brothers (sons of Robert Ellis BAILIE), Rev John BAILIE and William BAILIE then partitioned the 87 acres belonging to the estate of Robert Ellis BAILIE and each got about 43 acres on the northern part of Annaghvackey.
To the Register appointed by act of Parliament for registering Deeds and Wills and so forth.
A Memorial of an Indented Deed of Partition bearing date the 12th day of February 1835 and made between the Rev. Charles ATKINSON of Creggan Gent in the County of Armagh clerk Dr. of Law and Robert MURPHY of Marion Square in the County and the city of Dublin Esq. trustees under the last will and testament of Robert Ellis BAILLIE therein [?] of the first part the Rev. John BAILLIE of Clonaleenan in the County of Louth clerk of the second part and William BAILLIE of Tray in the County of Monaghan Gent of the third part whereby after reciting that by indenture deed of conveyance dated the 18th day of October 1811 and made between Stewart KING Esq. one of the Masters of his Majesty's High Court of Chancery in Ireland of the first part the Right Honourable John FOSTER of Collon in the County of Louth surviving trustees named in the will of the Right [?] [?] Viscount [B___________?] and Sir John Charles HAMILTON Bart eldest son and heir at law of Sir John Stewart HAMILTON formally of the city of Dublin Esq. deceased of the second part Frederick HAMILTON of [Dunfreath?] in the County of [Kildare?] Esq. eldest son of Frederick HAMILTON Esq. deceased who was eldest son and survivor named in this aforesaid lease to [B?] and Richard HEATHERINGTON of the city of Dublin Esq. of the third part Charles GRANT Esq. Capt. in his Majesty's Royal Navy of the fourth part and Robert BAILLIE of Shortstone and Robert DICKIE of Clonaleenan both in the County of Louth Esquire's of the fifth part for the considerations therein mentioned that Stewart KING John FOSTER Sir John Charles HAMILTON Frederick HAMILTON Richard HETHERINGTON and Charles GRANT did grant and confirm unto the said Robert BAILLIE and Robert DICKIE in their possession being all that and those that part of the town and lands of Annavackey also called Roachdale then in the occupation of said Robert BAILLIE and Robert DICKIE and their under tenants containing arable pasture and Red Bog 172 acres one Rood and 33 perches plantation measure bounded on the North by the land of Cavananore on the South by Clonaleenan and on the East by part of Annavackey let to Thomas and Samuel BRADFORD and by Carrickistock and on the West by Shanmullagh and Courtbane situate in the upper half Barony of Dundalk Manor of Roach and County of Louth together with all Rights and appurtenances [?] belonging. To hold said demised lands and premises onto said Robert BAILLIE and Robert DICKIE their heirs and assigns forever as tenants in common as by said indenture may appear and reciting that said Robert BAILLIE and Robert DICKIE mutually agreed to make a partition of said lands of Annavackey and by such partition it was agreed that said Robert Bailey his heirs and assigns should hold in [?] all that part of said lands of aforesaid containing 87 acres one root and 22 perches lately occupied by said Robert Ellis BAILLIE as his full share and proportion of said lands and it was also agreed that said Robert DICKIE his heirs and assigns in [?] all that part of said lands or [?] 87 acres one root and two perches then in his possession as his share of said lands and by said deed of partition might appear and that said Robert BAILLIE [?] and by his will leaving bearing date first May 1834 amongst other things devised unto Rev. Charles ATKINSON and Robert MURPHY Esq. that and those the lands of Annavackey aforesaid in trust to assign and make over unto the said Rev. John BAILLIE a moiety or one half part of the said lands of Annavackey and to make over onto said William BAILLIE the remaining moiety of said lands and that the said Rev. John BAILLIE and William BAILLIE with the consent of said Charles ATKINSON and Robert MURPHY had mutually agreed that a partition might be made between them of said lands so devised aforesaid. The said indenture of which this is a Memorial witnessed that for the purpose of carrying into execution the agreements therein mentioned to have been made between the said John BAILLIE and William BAILLIE so that they might hereafter hold and enjoy [?] the lands and tenements agreed to be taken by them [?] they [?] [?] and Charles ATKINSON and Robert MURPHY and John BAILLIE for and in consideration of the said William BAILLIE's moiety of said lands and for the other considerations [?] mentioned granted and confirmed unto the said William BAILLIE in his mutual possession [?] [?] and to his [?] in all that and those that part share or moiety of the lands of Annavackey also called Roachdale consisting of 43 acres two roods and 31 perches late Irish plantation measure bounded on the North by Annavackey in possession of [?] on the South by road leading from Castleblaney to Dundalk in the East by part of Annavackey situate in the upper half Barony of Dundalk Manor of Roach and County of Louth together with [?] rights and appurtenances to [?] belonging to have and to hold said lands and premises unto the said William BAILLIE [?] [?] and assigns forever free [?] [?] right title and demised of them or either of them said Charles ATKINSON and Robert MURPHY and John BAILLIE or either or each of them their heirs or assigns and said [?] [?] witnessed [?] reasons and considerations otherwise excepted [?] [?] said Charles ATKINSON Robert MURPHY and John BAILLIE did grant and confirm unto the said John BAILLIE his actual possession than being. All that and those that first of said lands of Annavackey also called Roachdale and containing 43 acres two roods and 31 perches late Irish measure [?] [?] now bounded on the North by the land leading from Castleblaney to Dundalk on the South by Clonaleenan on the East by Mrs. Robert DICKIE's grounds and on the West by part of Annavackey in possession of said William DICKIE situate in the upper half of Barony of Dundalk Manor of Roach and County of Louth together with all rights [?] and appurtenances thereunto belonging to have and to hold and lands and premises unto the said John Bailey his heirs and assigns in [?] by free from all right title and interest of them the said Charles ATKINSON Robert MURPHY John BAILLIE and William BAILLIE share and costs of [?] heirs and assigns [?] [?] those after do and execute [?] [?] [?] land office act and acts who [?] [?] for the more perfect [?] lands and premises and these appurtenances unto the [?] of each other of them and the said John BAILLIE and William BAILLIE their heirs and assigns respectively according to the [?] meaning thereof as their or other of their counsel [?] in the land [?] [?] [?] [?] and said deed contained the usual consideration for quiet and peaceable enjoyment of each premises which said deed to his executors [?] by this [?] John BAILLIE and William BAILLIE [?] is witnessed by William BAILIE of Nelson Street in the County of Dublin Gent attorney at law and said deed and this Memorial as to the executors share of [?] by the [?] John BUNTON Robert MURPHY are witnessed by [?] of the said William BARKER and Arthur ELLIS of the city of Dublin gent and attorney at law
Robert MURPHY. [Seal].
John BAILLIE. [Seal]
Signed and sealed in the presence of William BAILLIE Arthur ELLIS. The above named William BAILLIE maketh oath and saith he is the subscribing witness to the indented deed of which the above writing is a Memorial and [?] to the said Memorial and saith [?] he saw the said deed duly signed sealed and executed by the afore named Robert MURPHY Rev. John BAILLIE and William BAILLIE respectively and also he [?] Memorial duly signed sealed and executed by their [?] named Robert Murphy and John BAILLIE and saith that the same William BAILLIE subscribed as a witness to said Deed and Memorial [?] respectively is this deponent's proper name and hand writing and saith that he witnessed said deed and Memorial to Walter GLASSCOCK his Assistant Registrar in the Registry Office of Henrietta street in the County of Dublin in the 14th day of October 1839 at near 1:30 o'clock in the afternoon of said minute and day William PARKER sworn before me this 14th day of October 1839 Walter GLASSCOCK. A. P.
 Rev. Charles ATKINSON. Rector of Forkhill. SOURCE: Forkhill Protestants and Forkhill Catholics, 1787-1858. Kyla Madden. McGill-Queens University Press, 2005. SEE p 142. “The rector of Forkhill, Charles Atkinson, was amongst the subscribers to William Neilson’s Introduction to the Irish Language published in 1808.” also, p.99, in 1835 he had problems collecting tithes from Protestants in Creggan. p. 160, in 1817, he was in receipt of £30 in donations from the Jackson trust to aid after a failed harvest and an ensuing period of scarcity.
 Robert MURPHY of Marion Square.
 Robert Ellis BAILLIE. (1775-1834) SOURCE: http://www.faughart.com/inscriptions-page5466.html BAILIE Underneath this stone lieth the Remains of Robert Ellis Bailie Esqr of Shortstown who departed this life on the 4th day of May 1834 Aged 59 Years. Likewise of Margaret Bailie his wife who departed this life the 11th of August 1855 Aged [blank] years.
 Rev. John BAILEY (1806-1885). of Clonaleenan Eldest living son of Robert Ellis BAILLIE AKA BAILIE
·SOURCE: http://www.faughart.com/inscriptions-page5466.html BAILIE In Memory of Alicia the dearly beloved Wife of the Reverend John Bailie of Clonaleenan Rector of the Parish of Faughart, Who departed this life on the 5th day of July 1880 Aged 66 years and the Reverend John Bailie who departed this life on the 17th day of September 1885 Aged 79 Years. “There remaineth therefore a rest for the people of God.” Hebrews IV- 9.
·NOTE: PRONI has records under the Armagh Diocesan Registry for Faughart near Ballymascanlon that will likely be worth pursuing.
·"Faughart (J055 125, sheet 36) is a hill (and parish), just (a little over 5 kilometers) north of Dundalk. The hill is close to (and overlooking) the entrance to 'the Gap of the North' which once carried the main road from Leinster into Ulster through the hills of south Armagh. It was a place of immense strategic importance and has a very long and bloody history." (by Kevin Sweeney) Faughart Hill is within a kilometer of the Armagh-Louth border."SOURCE: http://www.magoo.com/hugh/louth.html#brief
·ALSO in the 1854 Griffiths Valuations for Co. Louth, A Rev. John BAILLIE held 161 acres and a house valued at £10 in fee simple at Clonaleenaghan. He also had 70 acres and buildings valued at £7 at Annaghvacky in fee simple.
·BAILLIE will abstracts at PRONI: The Will of the Reverend John Bailie late of Clonaleen County Louth Clerk who died 17 September 1885 at same place was proved at Armagh by John Cornwall Bailie of Jocelyn-street Dundalk County Louth Solicitor one of the Executors.
·Return of Number of Clergymen and Ecclesiastics in Irish Church commuted under Irish Church Act. Rev. John BAILIE of Clonaleenan, had a living as Rector of Faughart earning £138 6 10.
 Clonaleenan A townland of 311 acres in the Parish of Creggan, Co. Louth. In the 1854 Griffiths Valuation, about half of Clonaleenan was owned by John & Thomas DICKIE. Rev John BAILIE held 161 acres and buildings valued at £6 0 0 in fee. NOTE: Another John BAILIE of Clonaleenan married a Dorothy SMITH and had eight children and a will in 1773. He could possibly be a grandfather of the aforementioned Robert Ellis BAILLIE.
 William BAILIE (-1879) of Tray
· PRONI Will Abstracts: The Will of William Bailie late of Annaghavackey County Louth Gentleman deceased who died 29 October 1879 at same place was proved at Armagh by the oaths of Henry Victor Bailie Charles Edward Bailie and Alfred Bailie all of Annaghavackey Farmers the Executors. Effects under £50.
· Return of Murders committed in Ireland since 1842 Volume 35. A William BAILIE was recorded as victim of attempted murder.
 Although there is a townland of Tray, Parish of Donaghmoyne, Co. Monaghan, there is also a townland named Tray aka Trea. A townland of 253 acres in the Parish of Creggan, Co. Louth. In Griffiths Valuation of 1854, A William BAILIE leased to a John and a Robert BAILIE house offices and lands on 10 acres with a valuation of £6.0.0. He also leases other acreages and buildings to others for a value of £59 6 0. He himself leases bogs from Reps of John DUNN covering about 10 acres. In the Court case of 1856, the townlands of Annaghavackey and Trea were constantly paired, so my initial assumption was that the Tray of Co. Louth was the one referred to. I could be wrong.
 Stewart KING Esq. one of the Masters of his Majesty's High Court of Chancery in Ireland
 Right Honourable John FOSTER of Collon. 1st Baron Oriel (1740 – 23 August 1828)
 Collon, Parish of Collon, Co. Louth. There is a photo of the FOSTER home at http://en.wikipedia.org/wiki/John_Foster,_1st_Baron_Oriel
 Right [?] [?] Viscount [B___________?]
 Sir John Charles HAMILTON Bart d. 1818 at which point the title of the Hamilton Baronetcy, of Dunamana in the County of Tyrone became extinct. Son of Sir John Stewart HAMILTON.
 Sir John Stewart HAMILTON (c1740-1802) formally of the city of Dublin Esq. deceased
 Frederick HAMILTON of [Dunfreath?] in the County of [Kildare?] Esq. eldest son of Frederick HAMILTON Esq.
 Frederick HAMILTON Esq. deceased who was eldest son and survivor named in this aforesaid lease
 Richard HEATHERINGTON
 Charles GRANT Esq. Capt. in his Majesty's Royal Navy. On Jan 25, 1818, he was appointed to the Most Honourable Military of the Bath. SOURCE: London Gazette, Sept 16, 1815. He was the son of Sir James GRANT & Anne COLQUHOUN and lived at Cardonay, Scotland. SOURCE: www.theperage.com
 Robert BAILLIE (1808-1895) of Shortstone SOURCE: SOURCE: http://www.faughart.com/inscriptions-page5466.html In memory of Robert Bailie ESQre Shortstone Died April 26th April 1895 Aged 87 years. Deeply and deservedly regretted. Erected by his sorrowing daughters. Also Dora Bailie his loved wife died April 16th 1906. Peace perfect Peace.
 Shortstone. There are two townlands: Shortstone East & Shortstone West, both in the Parish of Roche. I would expect that Shortstone West is the townland in question. In the 1854 Grifffiths Valuation, pretty much the whole townland is owned in fee by a Robert BAYLEY. The only part that is not is a house and small garden held in fee by Mary COULTER, who would have been the widow of Samuel COULTER who was murdered in 1851. Her maiden name was BAILIE and I suspect that she was related to this Robert BAYLEY.
 Robert DICKIE (1826-1888) of Clonaleenan. SOURCE: 1895 November 23 Chancery document
 Annaghavackey. A townland of 369 acres in the Parish of Creggan, Co. Louth. In the 1854 Griffiths valuation, it seems that most of the townland is owned and leased to people who are related (DICKIE, BAILIE, BRADFORD, OLIVER). The total value was £283 1 0.
 Cavananore SEE: http://www.thesilverbowl.com/maps/Cavananore.htm
 Thomas and Samuel BRADFORD. These are probably the brothers Samuel (1803-1881) and Thomas (1800-1872), sons of Samuel BRADFORD and Margaret HENRY. Cavananore and Carnbeg were places where they hung their hats.
 John BUNTON
 William BARKER (Is this PARKER?)
 Arthur ELLIS
 William PARKER (Is this BARKER?)
 Walter GLASSCOCK
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