1769 Apr 20 DEED: 269-335-170945-OLIVER-MAXWELL

The most confusing part of this lease is the clause: During the Natural Lives of the same David OLIVER Lessee and William OLIVER Both Sons to said David OLIVER and Both Twins. It does not fit with an earlier lease 1766 January 20 DEED: 248-75-158608 where William & Joseph are named as the twins. Either there is a clerical error here (one could readily imagine that the name “Joseph” may have been dropped and that the clause should read as: During the Natural Lives of the same David OLIVER Lessee and Joseph and William OLIVER Both Sons to said David OLIVER and Both Twins.) or we are talking about another set of twins and hence another set of relationships.

A memorial of an Indenture of Assignment bearing date the twentieth day of April in the year of our Lord one thousand seven hundred sixty nine between John MAXWELL[1] of Fellowshall[2] in the county of Armagh Esq. of the one part and David OLIVER[3] of Ballyrea & said county of the other Part; whereby the said David OLIVER for and in consideration of the sum of one hundred and thirty pounds sterling Did Assign Sell and Make Over Unto the said John MAXWELL all his the said David OLIVERs Right Property Claim & Demand of and Inte[rest?] [?] or all of that [Messuage?] of kind Situate Lying and Being in the Town of Laragh[4] and Carnacara[5] Both in the County Monahan and Also the Reversion or Reversions Remained and Remainders Rents & Services of All and Singular the said Premises With the Appurtenances thereunto Belonging to have & to hold of the said [Messuage] lands & Tenements to the said John MAXWELL his heirs Ex^rs Adm^rs or Assigns for and During the Natural Lives of the same David OLIVER Lessee and William OLIVER Both Sons to said David OLIVER and Both Twins[6] & so on to the full Remainder of said lease in as full & Ample a Manner A Manner as the above David OLIVER as the said David OLIVER hold the same Under Galbraith LOWRY COREY Esq.[7] Aughennis[8] & County Tyrone [let?] the Same that be fully Compleat & Ended he the said John MAXWELL Yielding and paying it in thereout During the Said Term One pepper corn[9] if Demanded on the first Day of May Next and So on To Witt with this Proviso that the Above Premise is Subject to Redemption on payment of the above Said Sum of one hundred and Thirty Pounds Sterling With Legal Interest for the same Which Said Indenture of Assignment is Witnessed by John KILLPATRICK[10] of Killylea and George STUART[11] of Drumilly[12] Both in the County of Armagh and this Memorial is Witnessed by the said John KILLPATRICK and John SCOTT[13] -- of Armagh --- in s^d County and Lands being in the Registry of Barony. of Cremorr and County of Monahan

[1] John MAXWELL. It is likely that one of his daughters married a HAMILTON, given the name James MAXWELL HAMILTON mentioned in the marriage jointure of 1804. There are also earlier MAXWELL-HAMILTON marriage links. The MAXWELLS of Fellows Hall show up in a lineage posted at: http://www.stirnet.com/HTML/genie/british/mm4ae/MAXWELL03.htm

[2] Fellowshall also known as “Creamrum” in the Parish of Tynan, Co. Armagh.

[3] David OLIVER (prob 1725-Feb 1806), husband of Susannah WALKER. Curiously in spite of all the leases involving Ballyrea, he does not show up in the PRONI Freeholders Records with that particular holding. In fact the only David OLIVER to show up there is one at Bangor, Co. Down in 1813-1821.

[4] Laragh is a townland in the Parish of Aghnamullen, Co. Monaghan. NOTE: There are other townlands named Laragh, but this one fits the description of being beside Cornacarrow in the earlier lease thatthis lease refers to.

[5] Carnacara AKA Cornacarrow, Parish of Aghnamullen, Barony of Cremorne. is a townland on the northern border of the townland of Laragh, Co. Monaghan. It is at the point where the Owenagh River flows from the south into Lough Eglish. See Map:

[6] This is a confusing bit of business: Natural Lives of the same David OLIVER Lessee and William OLIVER Both Sons to said David OLIVER and Both Twins. Other leases have David described as the father and William and Joseph OLIVER as the twins.

[7] Galbraith Galbraith Lowry CORRY, b. 11 July 1706, d. 1769. Son of Robert LOWRY & Anna SINCLAIR. He married Sarah CORRY, daughter of Colonel John CORRY & Sarah LESLIE. Galbraith Lowry-Corry was baptised with the name of Galbraith Lowry. He held the office of High Sheriff of County Tyrone in 1733. He held the office of High Sheriff of County Monaghan in 1743. He held the office of Member of Parliament (M.P.) for County Tyrone between 1748 and 1768. On 1764 his name was legally changed to Galbraith Lowry-Corry. He lived at Aheniss, Co. Fermanagh Their son Amar LOWRY-CORRY became the First Earl of Belmount. SOURCE: http://www.thepeerage.com/p12957.htm#i129569 ..

[8] Aughennis AKA Ahennis, Co. Fermanagh.

[9] I believe that one pepper corn was a contrived payment to mean essentially no payment would be required to the owner of the land – sort of like selling a property today for $1.00. It is necessary that something change hands.

[10] John KILPATRICK of Killylea. James & John KILPATRICK held a lease for ten years for Killylea in 1832 from Representatives of John MAXWELL. NOTE: A James KILPATRICK also held a lease on lands at Tullysarren where the Mullinture OLIVERs also held leases.

[11] George STUART of Drumilly, Co. Armagh

[12] Drumilly There are two townlands with this name in Co. Armagh. One is in the Parish of Killevy, the second is in the Parish of Loughgall. I would bet it is the second one, but have nothing to base it on aside from clusters of where people associated with OLIVER deeds tend to come from.

[13] John SCOTT It is of interest that LDS has a record of a William SCOTT who married an Isabella OLIVER in the Presbyterian Church of Drumbo, County Down. in 1720. Worth Checking out! A William SCOTT was also one of the Derry fighters in 1689 from Co. Monaghan. Both a William & a John SCOTT are mentioned in a 1718 DEED: 38-403-24787. A John SCOTT of Umgola is mentioned in a 1796 DEED: 510-33-328019 concerning OLIVERs as well as a 1797 DEED: 506-95-328017.