1781 Nov 7
DEED: 370-333-251896
Robert MAXWELL - William OLIVER

NOTE: See also Deed 474-175-2999375 June 20, 1793.

A Memorial of an indenture of lease bearing date the Seventh day of Novr. One thousand  seven hundred and eighty one between Robert MAXWELL[1] of Fellowshall[2] in the County of Armagh Esq of the one part and  Wm OLIVER[3] of Ennisbarr[4] in the parish and County of Armagh farmer of the other part. Whereby  the said Robert Maxwell for the Considn in said Lease mentioned did Demise Grant and sett and to farm let all that and those that part of the Townland of Brootely[5] late in possession of Elizabeth Clogher[6] and now in his possession as the same is now measured and bounded situate lying and being in the Manod [Manor?]or Belleagh parish of Derrynoose Barony and County of Armagh Containing by estimation Fifty-three acres English or Statute measure be the same more or less with the Appurts. To hold to the said Wm OLIVER his Execos Admons and Assigns from the first day of Novr then Inst for the term of Nineteen years at and under the yearly rent of  thirty pounds nine Shillings and Sixpence with Twelve pence a pound receivers fees and duties therein mentioned with clauses of distress and reentry and other Clauses Common and usual between Landlord and Tenant And the said lease doth therin Contain a Covenant of  Toties Quoties[7] for the Considn of a fine proportionable to be paid to the said Robert MAXWELL his heirs admons and assigns as he or they Shall pay to the provost and Fellows of Trinity College Dublin for renewing his Lease of which the Demised premis is a part  and also proportionable part of raised rent in case any additional rent shall hereafter be imposed by the said Lessors on the said Robt MAXWELL which said Indenture of Lease is witnessed by Maxwell Close[8] of Elmpark[9] in the County of Armagh Esq and Saml CUMING[10] of Keady[11] in the said County Gent and this Meml is witnessed by the said Sam CUMING and John Mosson[12] (or Molson) of the City of Armagh Gent. Will OLIVER seal. (Then legal phrases about the witnessing)

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[1] Robert Maxwell of Fellows Hall, Co. Armagh. Note: an earlier lease between OLIVERs & MAXWELLs is dated April 20, 1769. There are more notes on the family on that page.

[2] "Fellows Hall", Parish of Tynan, Co. Armagh

[3] William OLIVER – I suspect he is the William OLIVER (1730-1816) of Ennislare, husband of Elizabeth STEEL & great-grandfather of Sir Thomas JACKSON

[4] Ennisbarr ; I suspect this should be Ennislare, Parish of Lisnadill, Co. Armagh

[5] Brootely, AKA “Brootally”, Parish of Derrynoose, Co. Armagh. Derrynoose is a parish between Lisnadill & Tynan. In 1706, a William OLIVER may have had a lease here. In 1781, it was still held by a William OLIVER (presumably another generation). In 1804 an Andrew OLIVER of Brootally may have married an Anne HANNA. In 1853 James OLIVER (farmer) and in 1854 William OLIVER of “Brootally” had wills probated (SOURCE: CD 132 LDS All Ireland Probates”). This could mean at least 150 years of a continued OLIVER family presence in this townland. By 1832, the lands were leased by ARMSTRONG and owned by Maxwell Close, Esq. NOTE: Look for an ARMSTRONG-OLIVER marriage. A will of Benjamin OLIVER (1765-1831) mentions a brother called “James”.

[6] Elizabeth CLOGHER See also: Deed 713-514-488249 Brootely & Bog 1811-1820 CLOGHER-O’HEAR. NOTE: There was a will probate for a William CLOGHER of Brootelly in 1776.

[7] “Toties Quoties” A legal term meaning “As often as the thing shall happen”.

[8] Maxwell CLOSE of Elm Park married Mary MAXWELL, daughter of Robert MAXWELL of Fellows Hall and Grace LEAVENS. SOURCE: http://www.stirnet.com/HTML/genie/british/mm4ae/maxwell03.htm

[9] Elmpark AKA, Mullaghatinny, Parish of Eglish. It is on the border of the townland of Killylea and is just a few townlands south west of Mullintur.

[10] Samuel CUMING of Keady?

[11] Keady, Parish of Keady, Co. Armagh

[12] John MOSSON of City of Armagh?