1853 Apr 16 DEED: 1853-10-214 OLIVER, Benjamin & Letitia – DOBBIN
NOTE: I think the deed was 1853 April 5 but the memorial happened eleven days later. I have much to learn about this.
To the registrar appointed by act of Parliament for Registering Deeds Conveyances and Wills in Ireland
NOTE: It would be wonderful to understand the relationships between Mary CAMPBELL of Portnaghy, Robert KILLEN late of Portnaghy (deceased) and George Killen CAMPBELL of Portnaghy – administrator of Benjamin OLIVER late of Lislooney.
A memorial of indented deed of assignment bearing date the fifth day of April in the year of our Lord one thousand eight hundred and fifty three made between William BROOKE [1]Esq. one of the Masters of Her Majesty's High Court of Chancery in Ireland of the first part and Mary CAMPBELL[2] of Portnaghy[3] in the County of Monahan widow the sole Executrix and residual legatee named in the last Will and Testament of Robert KILLEN[4] late of Portnaghy aforesaid farmer deceased of the second part. George Killen CAMPBELL[5] of Portnaghy aforesaid gentlemen administrator of the goods and chattels rights and credits of Benjamin OLIVER[6] Late of Lislooney in the County of Armagh gent deceased of the third part James OLIVER[7] of Lislooney of aforesaid farmer and Letitia OLIVER[8] otherwise SIMPSON his wife of the fourth part. Benjamin Robert OLIVER[9] of Lisloony aforesaid eldest son and heir apparent of the said James OLIVER by the said Letitia his wife of the fifth. part James WAUGH[10] of Cavanacagh in the said County of Armagh gent (surviving trustee named in a certain indenture of settlement executed on the marriage of the said James OLIVER and Letitia his wife bearing date the 18th day of June at 1830 and therein after recited) of the sixth part and Leonard DOBBIN[11] of Gardiners Place, Dublin Esq. of the seventh part. Thereby after reciting as they are in and amongst other things a decree of the High Court of Chancery in Ireland bearing date the fifth day of February 1852 made in a certain case wherein the said Mary CAMPBELL as such sole Executrix and Devisee of the said Robert KILLEN was plaintive and the said James OLIVER and Letitia his wife Benjamin Robert OLIVER then a minor, the said James WAUGH and several others were defendants and to the effect therein recited. It is witnessed that in pursuance of and obedience to the said Decree and for and in consideration of two sums of one hundred and sixty eight pounds fifteen shillings and five hundred and six pounds five shillings making together the sum of six hundred seventy five pounds the amount of his purchase money by the said Leonard Dobbin lodged as therein mentioned pursuant to the orders of the said court. They the said Mary CAMPBELL James OLIVER Benjamin Robert OLIVER James WAUGH and the said Letitia OLIVER by and with the consent of the said James OLIVER her husband she the said Letitia OLIVER made and by virtue and in pursuance of the provisions of an act of Parliament therein mentioned entitled “ an act for the abolition of fines and recoveries and for the substitution of more simple modes of assurance in Ireland” and each of them according to their respective estates and interests in the premises and by and with the approbation of the said William BROOKE did grant bargain sell assign alien and release and make over unto the said Leonard DOBBIN and to his heirs and assigns all that part and parcel of land in the townland of Lisluny otherwise Lisloony in the Estate of Wood Park and Manor of Caledon as formally demised by the therein recited Indenture of lease of the sixth day of February one thousand seven hundred and eighty-eight to and in the possession of Arthur OLIVER[12] and Benjamin OLIVER and as lately in the possession and occupation of the said James OLIVER party thereto together with the therein mentioned one acre of Turf Moss also lately in his possession in the Moss of Cavanapole in said lease described the whole containing by estimation 46 acres and two roods English statute measure be the same more or less and is situate lying and being in the Parish of Tynan Barony of Tureny and County of Armagh and as the same is meared and bounded on the North by the old Great Road formerly leading from Tynan to Keady on the east by the townland of Delea and Lislieagh on the South by the townland of Breaghy and on the West by the Tynan River together with all timber and other trees now standing or to be standing on the premises with the appurtenances accepting and reserving all such matters and things as in and by the said recited original indenture of lease of the sixth day of February 1788 is particularly [executed?] and reserved together with the said original indenture of lease and the renewal thereof of the 13th day of April 1829 To Hold and the said Leonard Dobbin his heirs and assigns for and during the natural life of Henry IRWIN the fourth son of William IRWIN late of Mount Irwin the surviving [Cest qui vie?] named in the said Renewal of said original Lease and for such other life or lives and shall or may from time to time successively for ever thereafter be added to the said Demise pursuant to the covenant for renewal in the said Lease contained Subject nevertheless to the payment of the yearly rent and receivers fees and to the observance and performance of the covenants in the said recited original lease mentioned expressed and reserved but freed and absolutely acquitted released and discharged of and from the therein mentioned Judgment and Judgment Debt of Trinity Term 1822 (against the said Benjamin OLIVER at suit of John BURNS[13]. for Four Hundred Pounds in the Court of Common Pleas and therein recited) and also all of and from the therein mentioned Annuity of twenty five pounds granted by the said settlement of the 17th day of June 1832 or in trust for the said Letitia OLIVER during her life as therein and for the better and more effectually releasing and extinguishing the said annuity of twenty five pounds granted or secured by said settlement to or in trust for said Letitia OLIVER and thereby charged on the said lands and premises therein before granted and released and for the more effectually assuring the said lands and premises unto the said Leonard Dobbin his heirs and assigns free and discharged from all charges and encumbrances the said Letitia OLIVER by virtue and in pursuance of the provisions of the said act and for the considerations therein mentioned and by and with the consent and concurrence of the said James OLIVER her husband did thereby for herself her Exons Admors and Assigns release quit claim exonerate and forever discharge all and singular the aforesaid lands Bog and premises thereby granted and released and also the said Leonard DOBBIN his heirs Exons Admors and Assigns and every of them of and from the aforesaid annuity or yearly rent charge of 25 pounds so granted to or in trust for her in and by the said settlement of the 17th day of June 1830 as aforesaid and all arrears thereof and also all of and from all Dower or right or title to Dower of and Thirds which she the said Letitia OLIVER was or might by law become entitled to thereout on the death of the said James OLIVER her husband and all claims and demands an account thereof and all powers remedies and means for recovering the same To the End intent and purpose that the said Annuity and all Dower and right or title to Dower of her the said Letitia in to or out of the said premises lands bog [?] might be henceforth for ever barred and extinguished and that the said Lands and Bog and premises might be thenceforth held and enjoyed by the said Leonard DOBBIN his heirs and assigns freed and absolutely discharged of and from the same respectfully which said Deed and this Memorial as to the Execution thereof respectively by the said James OLIVER and Letitia OLIVER are respectively witnessed by Henry Leslie PRENTICE[14]of Caledon in the County of Tyrone Esquire and James McAREE of Tynan in the county of Armagh farmer
James OLIVER
Letitia OLIVER
signed and sealed in the presence of
Henry L. PRENTICE of Caledon JP
James McAREE farmer of Tynan
The within named Henry Leslie Prentice maketh oath and saith he is a subscribing witness to the deed of which the within is a Memorial and also to the said Memorial and said he saw the said deed in Memorial respectively duly executed by the said James OLIVER and Letitia OLIVER and saith the name Henry L. Prentice subscribed as a witness to the said deed and Memorial respectively is this deponent's proper name and handwriting
Henry L. PRENTICE
Sworn before me at Armagh in the county of Armagh this fifth day of April 1853 a Master Extraordinary of the High Court of Chancery in Ireland for taking affidavits in said county and I know the deponent
William BARNES[15] master extraordinary
22 folios
4 denominations
5 grantor's
Five minutes after one o'clock April 16, 1853
[1] William
BROOKE Esq.? A Brooke, Wm., was admitted as Queen's
Counsel in 1826. He was resident at 33 Leeson Street, Lower, Dublin.
[2] Mary
CAMPBELL? She is listed in Griffiths Valuation
at this time.
[3] AKA Portinaghy or
Portinaughy, Parish of Donagh, Co. Monaghan.
[4] Robert
KILLEN?
[5] George Killen CAMPBELL of Portnaghy Co. Monaghan. At the time of the Griffiths Valuation, a Mary CAMPBELL was listed at Portinaughy, Parish of Donagh, Co. Monaghan (see above). She may have been his wife. Why was he the trustee for Benjamin OLIVER?
[6] Benjamin
OLIVER Late of Lislooney in the County of Armagh gent deceased. There is a
probate in 1850 for a Benjamin OLIVER of Lishiny, Co. Armagh. I suspect this is
a typo and it should read: Lislooney. It is clear that the OLIVERs of Lislooney
are connected to the OLIVERs of Killynure, Ennislare and Farmacaffley – but exactly
how, is yet to be determined. He was probably
the father of Isabella OLIVER who died after a rapid decline” at age fourteen
on April 9, 1816 (therefore b. Abt 1802 – his youngest daughter). SOURCE: Belfast Newsletter. There was also a William
OLIVER of Lislooney in 1718 and there is likely a connection here as well.
SOURCE: Deed: 38-403-24787.
[7] James
OLIVER, a son of Benjamin OLIVER of Lislooney married Letitia SIMPSON on June
17 1830. SOURCE:
[8] Letitia
OLIVER (née SIMPSON) daughter of William SIMPSON.
[9] Benjamin Robert OLIVER, eldest son
of James OLIVER of Lislooney and Letitia SIMPSON. As a minor in 1852, he would have
been born between 1832 and 1851.
[10] James WAUGH
of Cavanacagh (AKA Cavanacaw, Parish of Lisnadill, Co. Armagh). This townland
is one townland east of Farmacaffley. Why was he
a trustee? This is likely pertinent.
[11]
Leonard DOBBIN of Gardiners Place, Dublin Esq
[12] Arthur OLIVER is probably of Ballinahonebeg – but I can’t yet place him other than that. I suspect he is related to Benjamin OLIVER. Interestingly, a Robert Oliver who was a son of another Arthur Oliver (of Drumkirwan, Clogher, Co. Tyrone - a generation after this Arthur OLIVER) married Eliza Mullen of Cavan Moutray - on 9th Dec 1858. Since Arthur is not a common OLIVER name, this record may be important to keep in sight (Thanks to Jack Storey for this).
[13] John BURNS? It is possible that he
was a relative of Bryan BURNS of Laragh mentioned in the 1770 Nov 21
DEED: 283-214-183826.
[14] Henry Leslie PRENTICE of Caledon, Co. Tyrone.
[15] William
BARNES?