DEED 1838 22 6
1838 Oct 25
Rev Andrew McCULLOGH-Marianne FISHER marriage article
MCCOLLAGH and FISHERs Marr. Setttlement Ref 29th Nov 1838 11 o’clock forenoon
NOTE: I know little of who the people mentioned in this deed are, but I do find the interconnections between Co. Tyrone, Co. Down and Co. Monaghan quite fascinating and suspect that I will make more sense of them as I progress. Perhaps with the help of others.
To the Register appointed by Act of Parliament registering deeds wills and so forth.
A Memorial of an indented deed of marriage settlement bearing date the 35th day of October 1838 made between the Rev. Andrew McCOLLOGH of Caledon in the County of Tyrone Presbyterian Minister of the first part Marianne FISHER of Caledon aforesaid spinster of the second part. Robert McCULLOGH of Killnamuddy in the County of Monaghan gentleman of the third part and Thomas McCARTER of Newbliss in the County of Monaghan gentleman and Robert FISHER of Monree in the County of Down gentleman of the fourth part. Whereby after reciting amongst other things that a marriage was then shortly intended to be had been solemnized between the said Andrew McCULLOGH and the said Marianne FISHER said Indenture witnesseth that the said Andrew McCULLOGH in consideration of said intended marriage and the other considerations therein mentioned and for the purpose of enlarging the estate tail of the said Andrew McCULLOGH in the lands turf bog and premises therein mentioned into an estate in fee simple and of farming and extinguishing all the estate tail and all remainders and reversion expectant and defending upon the estate tail of the said Andrew McCULLOGH of and in the said lands turf bog and premises and all the estate right interest and powers to take effect after the determination or in defeazance of such Estate tail in said lands turf bog and premises thereby released or intended so to be and to limit the inheritance in fee simple thereof to the uses there after expressed the said Andrew McCULLOGH did grant bargain sell alien release use and confirm unto the said Thomas McCARTER and Robert FISHER in the actual possession then being by virtue of a lease for a year therein recited and to their heirs and assigns all that and those one undivided half or more moiety the whole into two equal parts being divided off and all that and those that part of the lands of Killnamuddy the half Tate formerly in possession of Andrew McCULLOGH deceased together with a proportion of Bog belonging to said half late also in his possession containing by estimation 29 acres late Irish plantation measure be the same more or less situate lying and being in the town lands of Killnamuddy Parish of Killevin Barony of Dartree and County of Monaghan aforesaid. To hold unto the said Thomas McCARTER and Robert FISHER their heirs and assigns for and during the natural lives on the life of William McCULLOGH and Robert McCULLOGH therein named. They being the surviving Cestui qui vies named in the therein recited lease thereof and the survivors and survivor of them and for and during all and every such other life and lives as should at any time thereafter be added to the term of said demise by virtue of a covenant for perpetual renewal in said lease contained subject however to the rents and covenants herein mentioned upon the trusts nevertheless and for the several uses interests and purposes therein and hereafter mentioned expressed and declared of and concerning the same that is to say the only use and behoof of the said Andrew William McCULLOGH and his assigns during the term of his natural life. And from and after his decease to the use and behoof of the issue of said marriage in such shares and proportions as they are in Andrew McCULLOGH should by any deed or instrument under his hand and seal or by his last will and testament duly executed directly or appoint and failing such appointment then to the issue of said marriage in equal shares and proportions as tenants in common and not as joint tenants and in default of such issue then to the use and behoof of the said Andrew McCULLOGH his heirs and assigns forever but prior to said devise to said issue or heirs taking effect in trust after the decease of the said Andrew McCULLOGH in case the said Marianne FISHER should survive him to name and levy out of said lands turf bog and premises one annuity or yearly term of £25 and payable and hand over the same to the said Marianne FISHER or her assigns during the term of her natural life in manner and at the times therein mentioned and said indenture for the intended that in consideration of said marriage the said Marianne FISHER did handover to and rest in the said Thomas McCARTER and Robert FISHER the sum of £350 upon the trusts and for the uses intents and purposes therein mentioned for and concerning the same and which said deed contains covenants for right of conveyances and further assurance to the execution thereof and of this Memorial by the said Andrew McCULLOGH and Marianne FISHER the same are respectively witnessed by Robert HAWTHORNE of Tandragee in the County of Armagh dissenting clergyman and Sarah FISHER of Monree in the County of Down spinster Andrew McCULLOGH. [Seal] Maryanne FISHER. [Seal] Signed and sealed and executed in presence of Robert HAWTHORNE Sarah FISHER. The above named Robert HAWTHORNE maketh oath and saith that he is a subscribing witness to the Deed of Marriage Settlement of which the above writing is a Memorial and also to set a Memorial and saith he saw said deed duly signed sealed and delivered and said Memorial duly executed by the said Andrew McCULLOGH and Marianne FISHER executing parties thereto respectively and saith the name Robert HAWTHORNE signed and subscribed to said deed and Memorial respectively is the name and other proper handwriting of deponent Robert HAWTHORNE. Sworn before me at Tandragee in the County of Armagh this second day of November 1838 by virtue of a commission to be directed out of her Majesty's Court of Chancery in Ireland for taking affidavits in said County and I know the deponent. Richard TROTTER.
15 sheets. A true copy. H. WILSON.
 Rev. Andrew McCOLLOGH (-1873) of Caledon. Andrew McCULLAGH is recorded as the Minister of Caledon in 1835. PRONI Will Abstracts: The Will of the Reverend Andrew M'Cullagh late of Foyar Caledon County Armagh Presbyterian Minister deceased who died 11 August 1873 at same place was proved at Armagh by the oaths of Thomas Macabe senior of Crover (Newbliss) County Monaghan Farmer and Thomas Macabe junior of Foyar (Caledon) County Armagh Merchant the Executors. He was 75 years old. His land at Killnamuddy in Co. Monaghan was bequeathed to his relations James & Thomas McCABE, subject to a payment to his niece, Eleanor McCULLAGH (who had been residing with him at the time of his death). He also left this niece his gold hunting watch, bed and bedding & apparal that had belonged to his late wife. He also left to JOhn Joseph & William McCABE (relations) his farm at [?over] at Foyer. To servants Samuel DICKSON, Margaret MOORE & Joseph OLIVER he gave a suit of clothing over and above any wages due at the time of his death. Thomas McCABE Senior of the farm  was the father of the aformentioned McCABEs (and maybe also father of Eleanor McCULLOUGH - it is not clear) and of Thomas McCABE of Clones, a merchant. His brother-in-law was Rev. Robert HAWTHORNE of Clare near Tandragee. Mary McMAHON was to be paid two pounds sterling annually as caretaker of Killnamuddy. Witnesses to his will were Foster DUNWOODY & Francis HAWLEY both of Monaghan. Rev. Andrew McCULLOUGH was buried at Knappa.
 Marianne FISHER of Caledon (?-bef 1873). She predeceasd her husband.
 Robert McCULLOGH of Killnamuddy
 Thomas McCARTER of Newbliss
 Robert FISHER of Monree
 Monree, Parish of Donaghcloney, Co. Down. A James FISHER of Monree and a William FISHER of Monree each had wills probated 1819 and 1835 respectively. SOURCE: Roz Davies.
 The one whose life limits the duration of the estate is called the "cestui qui vie."
 Robert HAWTHORNE of Tandragee in the County of Armagh dissenting clergyman. In 1841, he lived on Market Street. SOURCE: http://www.bob-sinton.com/history/tgee/tgee-slater-1846.php
 Tandragee, Parish of Lisnadill, Co. Armagh.
 Sarah FISHER I wonder if she was the Sarah FISHER of Dromore, daughter of James Fisher ; married Samuel Arburthnot 8 Nov 1853.
 Richard TROTTER
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