ROD: 1866-3-20. Image 468 NOTE: This is not a perfectly verbatim transcription.Parts are done in a format that seems to be easier to find when using digital searches. My initial curiousity about several potential HYDE-JACKSON family connections led me to CROZIER-JACKSON connections in subsequent generations which then led me to this deed. I will soon be uploading a family tree that will connect all the people mentioned in this deed. The CROZIER- HYDE links are through the MAGEE family. Robert MAGEE married Susannah HYDE (1714-1795) daughter of John HYDE (bef 1692-1728) and Sarah RAY (1700-1750) A son of Robert MAGEE & Susannah HYDE was William Snell MAGEE, father of Charles MAGEE, husband of Margaret CROZIER. This connects to questions that I am still working on: 1860 March 15 Mary JACKSON of Rockmount Probate
A Memorial of Indenture of Partition dated the 13 Oct 1865 BTW Charles MAGEE of Armadall Cottage near Lucan [Lucan] Co. Dublin 25th Jany 1866 Esq of the first part William Archibald KIDD Esq & Major in the Army Thomas Augustus PRENTICE Esq both of Armagh in the County of Armagh of the second part Edward TANDY of the Grove in the County of Meath Esq of the third part William CROZIER of Middle Gardiner Street in the City of Dublin Esquire and Jonathan CLARKE of Upper Pembroke Street in the City of Dublin Esquire of the fourth part Francis CLARKE of Coote Terrace Montrath [Mountrath, Parish Clonenagh and Clonagheen, Barony Cullenagh, Maryborough East and Maryborough West.] in the Queens County Esquire and Anne Crozier CLARKE his wife of the fifth part Francis Diana MAGEE of Bella Vista [Brighton Vale?] Kingstown [possibly Kingstown, Parish Taney, Barony of Rathdown] in the County of Dublin Spinster and John James HAMILTON of Herbert Lodge Blackrock [possibly Blackrock, Parish of Booterstown, Barony Rathdown,] Co. Dublin aforesaid Esq and Rebecca HAMILTON his wife of the sixth part and Elizabeth Isabella MAGEE of Bella Vista in the County of Dublin aforesaid Spinster of the seventh part whereby after Reciting amongst other things an Indenture A of Lease bearing date the 1 Aug 1738 and made between Thomas KINGSBURY [NOTE: Thomas Kingsbury (1688 – 1747): Physician and Friend to Jonathan Swift and Great, Great Grandfather To Oscar Wilde] of the one part and Sarah HYDE [after 1714-1750) née RAY] of the other part and Reciting that by Indenture of Renewal dated the 18 Sept 1847 made between Sarah OGLE [? Sarah KINGSBURY – a 2nd marriage?] widow, Letitia KINGSBURY spinster and Henrietta MATURIN [née KINGSBURY, daughter of Thomas KINGSBURY (1730-1805) - widow [of Charles Robert MATURIN] of the one part , and the said Charles MAGEE and Elizabeth Isabel MAGEE [Elizabeth Isabell MAGEE (1826-1905) dau of Charles MAGEE & Margaret CROZIER] of the part and Reciting that the said Elizabeth Isabella MAGEE on or about the 12 May 1862 filed a cause Petition in the High Court of Chancery in Ireland against the said Charles MAGEE and there paying amongst other things for partition for the Townlands & hereditaments therein mentioned and that by an Order of the Lord High Chancellor bearing date the 22 Jan 1863 It was ordered that the said lands and premises should be divided and partitioned in two equal moieties between the petitioner & the Respondents Charles MAGEE William Archibald Road Thomas Augustus PRENTICE [Thomas Augustus PRENTICE (1815-1901) son of George PRENTICE and Eliza Jane KIDD] Richard Francis KIDD (since deceased) Edward TANDY Francis CLARKE [husband of Jane Crozier MAGEE (?-1907)] and Jane Crozier CLARKE his wife Margaret Jane CLARK William CROZIER and Jonathan CLARKE and that as moiety thereof should be set at and allotted in severalty in one lot by district metes and bounds to the petitioner - Elizabeth Isabella MAGEE subject to the several charges which then affected the undivided moiety of the said Petitioner in the said lands and that the moiety thereof should be set it and allotted in severalty in are lot by distinct metes and bounds & the said Respondents Charles MAGEE William Archibald KIDD and Thomas Augustus PRENTICE Richard Francis READ (since deceased ) Edward TANDY Frances CLARKE and Jane Crozier CLARKE his wife Margaret Jane CLARKE William CROZIER and Jonathan CLARK according to them several & respective Estates and Interest therein subject to the several charges and Incumbrances to which the undivided moiety of the last named respondents in said lands was then leasable and it was thereby referred to Edward LITTON Esq. one of the Master of the said Court to receive proposals and plans for a partition of the said lands and premises between the petitioner and the said last named Respondents in the proportions therein before mentioned and to adopt or modify such proposal of proposals and plans & as said Master should think fit regard to quantity quality and value and to report thereon accordingly And Reciting the masters report filed the 13 Jan 1864 and that by a final decree of the Lord Chancellor made in the said Matter 19 Apr 1864 It was ordered that the said Report of the said Master filed the 13 Jan 1864 & the valuation and partition of Charles Peter BRASSINGTON therein mentioned should stand confirmed and it was thereby amongst these things declared that the said several lands and premises so comprised in the second schedule to the said Masters Report and described as lot A were respectively vested in severalty in the said Petitioner Elizabeth Isabella MAGEE but subject as in the said Report and decree and therein after particularly mentioned and it was thereby further declared that the said several lands and premises so comprised in the third to the said Masters Report and described therein as lot to were respectively vested in severalty in the Respondents William CROZIER and Jonathan CLARKE as Trustees of the therein recited settlement 7 Apr 1860 upon the trusts of the said settlement but affect as in the said Report & therein after mentioned and Reciting Indenture bearing even date and executed contemporaneously with the memorializing Indenture and made between the said Elizabeth Isabella MAGEE of the first part Charlotte CROZIER of the second part the Reverend Samuel MAGEE of the third part the said William Archibald KIDD (1826-1892) son of William Lodge KIDD and Sarah PATTON] and Thomas Augustus PRENTICE of the fourth part the said Edward TANDY of the part the said Charles MAGEE of the first part and the said William CROZIER and Jonathan CLARKE of the seventh part It is by Memorializing Indenture witnessed that in further pursuance of and in obedience to the therein before in part recited Decree of the Court of Chancery dated the19 April 1864 and in consideration of the premises and for perfecting the said Partition they the said Charles MAGEE William Archibald KIDD Thomas Augustus PRENTICE Edward TANDY William and Jonathan CLARKE according to their respective right and interests therein and the said William CROZIER and Jonathan CLARKE with the assent and approbation of the said Francis CLARKE and Jane Crozier CLARKE testified by their Executing memoralizing Indenture and each of them thereby assigned and released unto the said Isabella MAGEE his Executors admors and assigns All that and those the one undivided one half part or share of the said Charles MAGEE William Archibald KIDD and Thomas Augustus PRENTICE Edward TANDY William CROZIER and Jonathan CLARKE of and in all that and those the Town and lands of Cerroghill [probably Derryoghill, Parish Clonfeacle (Tyrone portion), Barony Dungannon Middle] containing 349a 3r 37p statute measure or thereabouts and also that part of the Town and lands of Drumele [probably Drumlee, Parish Clonfeacle (Tyrone portion), Barony Dungannon Middle – it borders on Stangmore (Magee)] containing 163a 2r 21p statute measure or thereabouts all which said denomination contain in the whole 513a 2r 18p statute measure or thereabouts and are situate in the Parish of Clonfeacle Barony of Dungannon and County of Tyrone being portion of the premises demised by and comprised in the therein before recited Indenture of Lease of the 1 Aug 1738 and renewal thereof dated 18 Sept 1847 which said lands and premises hereby assigned and more particularly described and delineated in the map annexed to the said Certificate of the said Charles Peter BRASSINGTON and also in the map or survey annexed to memorializing Indenture and marked with the letter A. and colored red being the lands and premises therein before mentioned and comprised in the said Second Schedule to the said Masters Report and in the said Report and decree particular Lot as Lot A Together with the appurtenances all the Estate whatever of them the said Charles MAGEE and William Archibald KIDD and Thomas Augustus PRENTICE William CROZIER and Jonathan CLARKE and of each and every of them in and to the said premises and every of them and every part thereof To Hold all and singular the said one undivided moiety or half part or share and all other the premises therein before assigned or intended so to be unto the said Elizabeth Isabella MAGEE her Exors admors and assigns thenceforth during the remainder of the term of Twenty years demised by the therein before recited Lease of the 18 Sept 1847 and for and during such further time as should be added thereto by virtue of the Covenant for renewal Totties quoties therein contained and all other the Estate Term and interest of any of them the said Charles MAGEE William Archibald KIDD Thomas Augustus PRENTICE Edward TANDY William CROZIER and Jonathan CLARKE or either of them of and in the said premises therein before assigned or any part thereof subject nevertheless as to the entirety of the said last mentioned premises to the payment of fifty nine pounds one shilling and six pence half penny being one moiety of the rent of £118.3.1 reserved by the said recited Indenture of Lease of the 18 Sept 1847 and the moiety of the renewal fives and costs of obtaining renewals thereby also reserved and to the covenants and conditions in the said Indenture of Lease contained and on part of the Lessee his or her Executors administrators and assigns to be observed and performed respectively so for as the same related to the last mentioned lands and premises and subject exclusively to the following charges and Incumbrances videlicet To the entirety of £100 per annum bequeathed to the will of Robert MAGEE of the said Samuel MAGEE for his life to the entire of the annuity of £50 per annum payable to the said Charlotte CROZIER during her life charged on the moiety of the premises by the therein before recited Deed of 2 Sept 1853 and also subject to the Tithe Rent charge of £11.16.6 payable out of Derryoghill [Derryoghill, Parish Clonfeacle (Tyrone portion), Barony Dungannon Middle] and the yearly drainage charge of £9.1.9 payable out of said lands of Derryoghill also to the yearly the Rent charge of £5.19.9 payable out of said parts of Drumlee [Drumlee, Parish Clonfeacle (Tyrone portion), Barony Dungannon Middle] and subject in conjunction with the lands comprised in lot and described in the third Schedule to the said report to the head rent of £118.3.1 per annum and the fees & duties payable out of all the said lands and to the renewal fines and the costs of obtaining renewals of the Leases or renewals thereof under which all the said lands are held and to the following annuities bequeathed by the will of the William Snell MAGEE that is to say An Annuity of £50 per annum & Samuel MAGEE for his life and after his death to Margaret MAGEE (his wife) during her life if she should survive the said Samuel MAGEE £50 pounds per annum to Frances Diana MAGEE for her life £50 per annum Rebecca HAMILTON for her life & £50 per annum to Mary WILLIAMSON for her life but indemnified by the said lands comprised in lot B. and described in the third Schedule to said Report and in the said map in the margin of memorializing Indre colord Yellow from the moiety of the head rent fees duties and renewal fines and costs of obtaining renewals of said Lease and also from one moiety of each of said four last mentioned annuities and also from the yearly tithe rent charges of £1.14.4 payable out of the portion of the lands of Drumlee comprised in said Lot B of £4.5.5 payable out of the lands of Drunderg [Drumderg, Parish Clonfeacle (Tyrone portion), Barony Dungannon Middle] of £3.11.9 payable out of the lands of Strangemore [Stangmore (Magee), Parish Clonfeacle (Tyrone portion), Barony Dungannon Middle] of £5.11. payable out of said lands of Tullycarn and of £9.19.7 payable out of said lands of Tullydoey [Tullydowey, Parish Clonfeacle (Tyrone portion), Barony Dungannon Middle] and also from the drainage and maintenance charges of 5s 4d payable out of side lands of Drumberg [Drumderg, Parish Clonfeacle (Tyrone portion), Barony Dungannon Middle] £0.2.11 payable out of the lands of Strangemore and £1.1.3 payable out of said lands of Tullycarn [possibly Tullycarr, Parish Termonamongan, Barony West Omagh] and also indemnified so long as the said lot a should be liable to pay the damage charge of £9.1.9 therein before mentioned that is to say up to the 1 Nov 1880 from the payment by the owners for the time being of said Lot A. of the sum of £3.6.6 1/2 such sum being by the said Decree directed to be charged on the said lot and being necessary for equality of partition in respect of the drainage or maintenance charge aforesaid and the said Indenture contained covenants that said Lease was a valid and effectual Lease . To pay the rent recs duties fines costs annuities with Rent Charge drainage and maintenance charges by the therein before recited report and decree directed to be exclusively payable out of the lands comprised in lot B To join and concur in obtaining renewals of said premises and observe and keep the covenants therein contained so far as same related to the premises not thereby assigned and to indemnify the said Elizabeth Isabella MAGEE her heirs exors admors and assigns and her and their goods and chattels from payment of the rent of £59.1.6 ½ and from half of renewal fines fees duties costs annuities etc and also from payment of the Mortgage debts and annulled affecting the premises not intended to be assigned in memorializing Indenture and from all actions Suits etc and for good title and enjoyment free from incumbrances and for further assurance and said Memorializing Indenture further witnessed that the said Frances Diane MAGEE and John James HAMILTON and Rebecca his wife thereby ratified and confirmed the assignment of said lands and premises therein before contained deed and discharged from the said annuity of £50 per annum bequeathed by the council the will of said William Snell MAGEE and payable after the death of said Charles MAGEE and the execution of the said Indenture by the said Charles MAGEE , Edward TANDY William CROZIER junior Jonathan CLARKE Frances CLARKE Jane Crozier CLARKE Frances Diana MAGEE John James HAMILTON and Rebecca HAMILTON respectively is witnessed by William O’NEILL of No 53 Queens Square in the City of Dublin Clerk to Messrs Charles JAMESON and son Solicitors Dublin and the execution of this Memorial by the said Charles MAGEE William CROZIER Jonathan CLARKE Frances Diane MAGEE John James HAMILTON and Rebecca HAMILTON. WITNESS: William O’NEILL and by Carter LENAY [?] of N. 13 Leinster Road in the County of Dublin Gentleman And the execution of this Memorial by the said Edward TANDY is witnessed by the said William O’NEILL and by C. MOORE of Prussia Street, Dublin Clerk to Mr George CROZIER Solicitor of York Street Dublin and the execution of this Memorial by the said Frances CLARKE and Jane Crozier CLARKE is witnessed by the said William O’NEILL and by Richard Fitzpatrick of Mountrath aforesaid and the execution of the said Indenture and this memorial respectively by the said William Augustus KIDD is witnessed by R. C. W. CAMPBELL Captain in the Royal Artillery . Woolwich and by Corbett Lieutenant in the Royal Artillery Woolwich and the execution of the said Indenture and Memorial respectively by the said Thomas Augustus PRENTICE is witnessed by John STANLEY of Armagh Solicitor and by Thomas STEPHENSON of Armagh writing Clerk Charles MAGEE [SEAL]. Wm A. KIDD [SEAL] Thomas A PRENTICE [SEAL] seal . Edward TANDY [SEAL] William CROZIER [SEAL] Jonathan CLARKE [SEAL] Francis CLARKE [SEAL] Jane C. CLARKE [SEAL] Frances Diane MAGEE [SEAL] . J. HAMILTON [SEAL] Rebecca HAMILTON [SEAL]. …
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