1716-10-19: 31-342-19418: Stevenson et al to Timons et al

Source: Registry of Deeds, Ireland. Memorial no. 31-342-19418: Indenture of lease and release involving Capt. James Stevenson of Stewartstown and William Fleming of Portadown, to Richard Timons of the parish of Seagoe and James Stephenson of Killyfaddy, co. Armagh, and the marriage settlement of William, son of Capt. James Stevenson, and Elizabeth, daughter of William Fleming (dated 19 Oct 1716, reg'rd 10 Nov 1721). Copy per FHL film no. 461320. Transcript, annotations, and précis by Alison Kilpatrick; submitted to www.irishdeedsindex.net, 2016-07-16. Please cite your sources.

Transcriber's notes:

  1. The transcriber's comments or editing marks are enclosed [within square brackets].
  2. An apostrophe indicates that the letter or letters following were raised, or written in superscript, in the original text.
  3. Like most (all?) memorials, this one did not feature punctuation or paragraphs. The transcriber has created paragraphs, with boldfaced characters at the beginning of each paragraph, in order to improve readability (which worked for her – YMMV).
  4. Footnotes (hyperlinked to the bottom of the page) provide the transcriber's shorthand interpretation of the various paragraphs.
  5. Readers may wish to refer also to a précis of this memorial and the accompanying blog article.

Transcription: [1]

31-342-19418a


[Title:]
No: 19418 __ To the Reg'r [Register] appointed for Reg'ring Deeds Wills & Conveyances Pursuant to an Act of Parliament

[Notes in margin:]
Stevenson et al to Timons et al
Reg'rd the 10'th day of Nov'r 1721 at 10 o Clock in the Forenoon

[Body of memorial:]
   A Memoriall of Indenture of Lease Quadry'tite [Quadripartite] Release the Lease bearing date the Nineteenth day of October One Thousand Seven hundred & Sixteen and made between Cap't James Stevenson of Stewartstown in the County of Tyrone & W'm Fleming of Portadowne in the County of Ardmagh Merch't [Merchant] of the one part and Richard Timons Jun'r of the Parish of Sego and James Stevenson of Killfady [Killyfaddy] both of the County of Ardmagh Gent. of the other part Purporting to be a Lease for a Year for a year [sic] to vest the possion [possession] of all & singul'r [singular] the Lands and Tenem'ts hereinafter mentioned in the said Rich'd Timons and James Stevenson [2] and the Release bearing Date the Twentieth day of Oct'r One Thousand Seven hundred & Sixteen and made between the said Cap't James Stevenson of the first part William Fleming of the second part Rich'd Timons & James Stevenson of the third part and W'm Stevenson of Stewartstowne afores'd Merch't Son of the said James Stevenson and Eliz'th Fleming Daughter of the s'd W'm Fleming of the Fourth part [3]

... Reciting that [4] John Houston of Castle Stewart in the County of Tyrone Esq'r by his Indre [Indenture] Dated the Fourth day of Aug't One Thousand Six hund'rd and Ninety two made between the said John Houston of the one part and the said James Stevenson of the other part Did grant unto the said James Two Squares or Parcells of Ground in Stewartstowne aforesaid Each Square Containing in Front Six Scorefoot and Six score foot backward one of the said Squares being on the North side of the said Town the other to the West Side of the said Towne with the Backsides and Gardens thereunto belonging And also the Parks & Parcells of Land lying near the said Town of Stewartstowne known by the names of Church Park the Nine Acre Park, the Park lying between the Nine Acre Park and Drumgallion [Drumagullion] as also the lower Sessaghagallvally joining to the Nine Acre Park in the whole Cont. [Containing] Sixty Acres of Land or thereabout As also One full Moiety of Moss belonging to the said Towne of Stewartstown with the Appurtences [Appurtenances] To hold the s'd Premisses to the said James Stevenson his Heirs and Assigns for Ever At the yearly Rent of Twelve Pounds Ster: and Twelve Pounds Ster: as a fine at the End of every thirty one Years for Ever As by the s'd Indre [Indenture] (inter al) may appear [5]

... and further reciting that the said John Houston by his Indre bearing date the Fourth day of August One Thousand Six hundred and Ninety Eight made between the said John Houston of the one part and y'e said James Stevenson of the other part for the Considerations therein mentioned Did demise unto the said James Stevenson the Two lower Sessaghs of Gallvally known by y'e Names of Gallvally and Ruskieroe with that part of Tamillenene [Tamylennan] adjoining to Gallvally and Ruskieroe on the South West Side and with Killmurchis [Killymurphy?] and the Strife land on the North West Side then in the possion [possession] of the said James Stevenson with the Appurtences [Appurtenances] To hold the said Premisses unto the said James Stevenson for the Term of Thirty One Years from all Saints then next following and at the Expiration of the said Term the s'd James Stevenson his Heirs or Assigns paying the Sum of Eleven pounds Ster. unto the s'd John Houston his Heirs or Assigns by way of Fine the said Demise is to Continue for the Term of Thirty One Years more at the Yearly Rent of Eleven pounds Ster. as by the said Indre (int al.) may appear [6]

... and further Reciting that Nicho's Bagenall late of Newry in the County of Downe Esq'r deced [deceased] by his Indre bearing date the Twenty Sixth day of February in the Fifth Year of the Reign of our late Sovereign Lord and Lady W'm and Mary by the Grace of God of England Scotland France and Ireland King & Queen Defenders of the Faith &c made between the said Nicholas Bagenall of the one part and John Fleming Father of the said W'm Fleming deced of the other part for the Consideracons [Considerations] therein mentioned Did demise unto the said [sic] All that Halfe Towne Land of Derybeg Seituate [sic] in the County of Ardmagh and Lord'p [Lordship] of Newry Joining to Carnegatt River South to Derynenore East then in the possion of the s'd John Fleming To hold the said Premisses unto the said John Fleming his Ex'rs [Executors] Adm'rs [Administrators] and Ass's [Assigns] from the First day of November then before the natural Lives of the said W'm Fleming  Alex'r Clugston son to Ja's Clugston of Newry aforesaid and of James Campbell son to the late Robert Campbell of Newry aforesaid and the Life of the longest liver of them at the Yearly Rent of Four pounds One Shilling with an Herriot at the Death of every Head Tenant, As by the s'd Indenture (int al.) may appear [7]

... And further Reciting that the said John Fleming by his Assignm't Endorsed upon the said Indre bearing date the First day of Nov'r One thousand Six hundred Ninety and five did Assign & Grant the said last mentioned pmisses [premises], together with the said Lease unto the said William Fleming as by the same may appear [8]

... And further reciting that Anthony Obins of Portadowne aforesaid Esq'r by his Indre bearing date the Eleventh day of May One Thousand Seven hundred and Fifteen, made between the said Anthony Obins of the one part and the s'd W'm Fleming of the other part for the Considerations therein mentioned did demise unto the said W'm Fleming All the Close now in the possion of the said William Fleming and his Assigns Containing by Estim' [Estimation] Twelve Acres English Measure bounded on the South by the lands of Clonagh, on the North by the Road leading to Baltylom, on the East by the Holding of George Woolsey in Corcreen and South West on the Highway leading to M'r Meredith Workman's being in the Town Land of Corcreen together with One Messuage and Tenem't now in the possion of the said W'm Fleming Containing in Front to the Street of Portadowne three hundred and five foot, bounded on the North with the House and Tenem't which the said W'm Fleming has from Thomas Clerk and on the South West by the House & Garden which George Greenway now lives in with the Park to the Messauge adjoining Bounded North West & South upon the Lands which Isabell Workman Widow now possesses in the Towne of Portadown aforesaid, To hold the s'd premisses unto the s'd W'm Fleming his Ex'rs Adm'rs and Assigns from the First day of May which shall be in the Year of our Lord One Thousand Seven hundred & Thirty Eight for the Term of Forty one Years At the Yearly Rent of Five pounds Four Shill's [Shillings]

... In which Indre there is a Clause declaring that the said last recited Lease shall not be or deemed to be a Surrender in Law or fact of a former Lease made of the pmisses [premises] by Hamlet Obins Esq'r deced [deceased] Esq'r d [sic] of the said Anthony bearing date the Fourteenth day of Decem'r One Thousand Six hundred and Ninety Eight for the Term of Thirty nine Years from the First day of May then next Ensuing it being the Intent of the partys that the same should Exist and be in force till the same Ended by Effluction of Time as by the said Indre (int al.) may appear [9]

... [10] And further reciting that there is a Marriage Shortly to be Solemnized between the said W'm Stevenson and Eliz'th Fleming, [11]

... now to the End that the said Several Leases Messuages & Lands and Premises and the Rents and Profits of them respectively may be hereafter disposed of according to the Agreem'ts and Trusts by and between the s'd Parties to the said recited Deed agreed upon and hereafter by the said [sic] according to the s'd agreem'ts more fully Expressed [12]

... By which said Indenture of Release for & in Consideracon of the said intended Marriage and the Sum of Three hundred pounds Ster as a marriage portion to be paid by the said W'm Fleming to the said W'm Stevenson with the said Eliz'th Fleming [13]

... they the said James Stevenson and the said W'm Fleming severally did grant and convey to the said Richard Timmons [sic] & James Stevenson and the surviv'r [survivor] of them and the Heirs Ex'rs Adm'rs & Assigns of the surviv'r of them All that and those the first recited Squares or pcells [parcells] of Ground together with all & Singular other the Lands Tenem'ts & Hereditam'ts in the said first recited Indenture, mentioned to be demised with their and every of their Rights Members & Appurtences, toger: [together] with the said Half town Land of Derrybegg menconed [mentioned] to be granted by the said Nich's Bagenall with the Appurtences together w'th [with] all and Singular other the Premisses therein before recited & menconed to be Demised by the said John Houston & Anthony Obins respectively

... To hold the said first recited Premisses with the Appurtences unto the said Richard Timmons & Ja's Stevenson & the surviv'r of them & the Heirs & Assigns of the Surviv'r of them for Ever and the s'd Half Town Land of Derybegg [sic] for & during the Natural Lives of the s'd W'm Fleming  Alex'r Clugston and James Campbell & the Surviv'r of them, [14] which said first recited p'rmisses and the s'd Half Town Land of Derybeg with the Appurtences, then were in the actual possion of the said Richard Timons & James Stevenson by virtue of one Indre of Lease thereof to them made by the said James Stevenson and W'm Fleming bearing Date the day then next before the date of the said Indenture for one whole year from the first day of August then last past by virtue of the statute for transferring of uses into possion [15]

... And to hold all and Singular the other recited & mentioned premisses unto the said Richard Timmons & James Stevenson and the surviv'r of them and the Ex'rs Adm'rs and Assigns of the Surviv'r of them for and during all the rest and residue of the said Several Terms for Years that were to come and unexpired [16]

... And for and during the Renewall in the said Second recited Lease ment'd [mentioned] [17] together with the Reversion & Reversions Remainder and Remainders & Rents and Profits of all and Singular the said thereby granted and Assigned or menconed to be granted & Assigned premisses with their and every their Rights & Appurtinces [sic] to the Uses and Intents thereinafter mentioned and Expressed and to no other use or purpose whatsoever (that is to say) [18]

... as to the Lands and Premisses in the County of Tyrone to the Use and Behoof of the said James Stevenson his Heirs Ex'rs Adm'rs and Assigns till the said Intended Marriage took Effect and was Solemnized according to the several Estates in the said prmisses [premises] [19]

... And as to the Lands tenem'ts and prmisses in the County of Ardmagh to the use and Behoof of the said W'm Fleming his Heirs Ex'rs Adm'rs & Assigns till the said intended Marriage took Effect and was Solemnized according to the several Estates in the s'd premisses in the County of Ardmagh [20]

... And from and imediately [sic] after the solemnization of the said intended Marriage as to the Messuage in the possion of Thomas Scot in Stewartstowne part of the said first recited p'rmisses to the use of the said W'm Stevenson & his Heirs & Assigns for Ever [21]

... And as to the rest of the said first recited Lands Tenem't Hereditam'ts & premisses to the use and behoof of the said James Stevenson during his Natural Life [22]

... And from and after the Decease of the said James Stevenson as to one Moiety of the s'd first recited premisses Lands Tenem'ts & Hereditam'ts to the use and Behoof of Margaret Stevenson then wife of the said James Stevenson during her natural Life [23]

... and as to to [sic] the use & behoof of the said W'm Stevenson for and during his Natural Life and from and after the death of the said Margaret Stevenson then wife of the said James Stevenson as to the Moiety of the said Premisses limited to her as afores'd to the use & behoof of the said W'm Stevenson for & during his natural Life [24]

... And from and after the Decease of the said W'm Stevenson to the use and behoof of the first Son of the Body of the said W'm Stevenson on the Body of the said Eliz'th Fleming lawfully to be begotten and the Heirs Males of such first Son and for want of such Issue to the Use and Behoof of the second Son of the Body of the said W'm Stevenson on the Body of the said Elizabeth Fleming lawfully to be begotten and the Heirs Males of such Second Son and for want of such Issue to the use and behoof of the Third Son of the body of the said W'm Stevenson on the body of the said Eliz'th Fleming lawfully to be begotten and the Heirs Males of such Third Son and for want of such Issue to the use and behoof of the Fourth Fifth Sixth Seventh Eighth Ninth & Ten [sic] Son & Sons and all and every other son & sons on the body of the said William Stevenson on the body of the s'd Eliz'th Fleming lawfully to be begotten and the Heirs Males of their respective Bodies according to their Seniority of Age and Priority of birth the Elder of such Issue Male and their Heirs Male always taking before the Younger and their Issue Male and their Heirs Male always taking before the Younger and their Issue Male And for want of such Issue Male to the use & behoof of the Issue Female of the Body of the said W'm Stevenson on the Body of the said Eliz'th Fleming lawfully to be begotten And for want of such Issue to the use and behoof of the Right Heirs of the s'd William Stevenson for ever [25]

... And upon the said further Trust that if the said Eliz'th Fleming did happen to survive the said W'm Stevenson then and in that Case the said Richard Timmons and James Stevenson and the Surviv'r of them and the Heirs & Assigns of the Surviv'r of them after the death of the said W'm Stevenson out of the Rents and Profits of the said first recited prsses [premises] thereby Limited as aforesaid did well and truly satisfy and pay unto the said Eliz'th Fleming and her Ass's the Yearly Rent of Sixteen pounds Ster. by equal Quarterly Paym't at the Four usual Feasts in the Year (that is to say) on the Feast of S't Philip and Jacob on the Feast of Lamas on the Feast of All S'ts [Saints] & Candlesmass [sic] Yearly for and during the nral [natural] Life of the said Elizabeth Fleming the first paym't of the said Rent or Sum of Sixteen pounds Ster. made on the first of the said Feasts that Happened next after the death of the said W'm Stevenson which said Yearly Rent or Sum of Sixteen pounds Ster: was in full Satisfaction Recompence and Carr [Carriage?] of her Dower [26]

... and as to the Lands of Gallvally Ruskieroe and Tamellenene the said Richard Timons & James Stevenson and the Surviv'r of them & the Ex'rs Adm'rs & Assigns of the surviv'r of y'm [them] out of the Rents & Profits of the said Lands of Gallvally Ruskieroe & Tamillenene and will and truly pay or caused to be paid unto the said W'm Stevenson and his Ass's the Yearly Rent of Ten pounds by equal Quarterly Paym'ts at the Four usual Feasts in the Year (that is to say) at All S'ts, Candlesmas S'ts Philip & Jacob and Lamas yearly for and during so many Years of the said Lands as were then to come & unexpired and for and during the Term of Thirty one Years after the Expiration of the said Lease which were in the said Lease menconed as an Additional Term the first af'rsaid paym't made on the First of the s'd Feasts that did happen next after the Solmenization of the said Marriage [27]

... And as to the Messuage & Lands of Derybeg & Corcreen & Portadown the said Rich'd Timons & James Stevenson and the surviv'r of them and the Ex'rs Adm'rs & Assigns of the surviv'r of them out of the Rents and profits of the said Messuages and Lands of Derybeg Corcreen & Portadown thereinbefore granted and assigned or menconed to be granted & assigned did well and truly pay or caused to be paid unto the said W'm Stevenson and Eliz'th Fleming and their assigns the Yearly Rent or Sum of Ten pounds Ster. by equal Quarterly paym'ts at the Four usual Feasts in the Year (that is to say) at All S'ts  S't Philip and Jacob & Lamas Yearly for and during the Joint Lives of the said William Stevenson & Eliz'th Fleming if the Leases of the Premisses or any or either of them did so long Continue [28]

... & after the death of the said William Stevenson to the s'd Eliz'th Fleming & her Assigns during her natural Life, if the said Leases or either of them or the Terms of Estates by them respectively granted did so long Continue as an Addition to her Jointure and part of her portion, the first of the said payments made on the First of the said Feasts that did happen, next after the Solemnization of the s'd Marriage [29]

... Provided always & the s'd Indre upon that Condition as to the last mentioned Rent Charge and Annuity of Ten pounds Ster pr ann [per annum] Charged upon and payable out of the Messuages & Lands in the County of Ardmagh, that if it hapned [happened] that the said Eliz'th Fleming died without Issue then & imediately after her so dying without Issue the said Rent Charge shall cease determine and be of none Effect [30]

... and as to the Remainder of the Rents and Profits of the said Lands of Gallvally Ruskieroe & Tamellenene to the use of the said James Stevenson & his Assigns during his natural Life, And after to the uses of his last Will & Testament [31]

... And as to the Rem'r [Remainder?] of the Rents Issues and Profits of the said Lands & Messuages in Derybeg Corcreen and Portodown [sic] to the use of the said W'm Fleming & his Ass's during his natural Life, if the Estates in the Premisses so long last and[?] after to the uses of his last Will & Testam't in Writing Subscribed by three Credible Witnesses at the least [32]

... and so as the said Will be agreeable to the true Intent of the s'd Indre [33]

... And as to the said Ten pounds PAnn [per annum] Chargeable upon the said Estate in the County of Ardmagh after the death of the said Elizabeth Fleming without Issue to the Use of the said W'm Fleming his Heirs Ex'rs Adm'rs & Ass's according to the Estates he had in y'e premisses Charged with the same for & during the then rem'r of the said Term or Estates [34]

... and the s'd James Stevenson for himself his Heirs Ex'rs & Adm'rs & every of them did Cov't [Covenant] & agree to and with the said William Fleming his Ex'rs Adm'rs & Assigns by the said Indre in manner following (that is to say) [35]

... That the s'd James Stevenson his Ex'rs Adm'rs & Ass's shall and will at his & their own proper Costs procure & obtain from such pson [person] & psons in whom the Inheritance of the s'd Lands of Galvally Ruskieroe & Tamallenene shall then be lawfully vested or settled a new Lease good & Suff't [Sufficient] in the Law to be made and passed for the further Term of Thirty One Years of all & Singular the Lands pursuant to the Clause in y'e said Second recited Lease for that purpose menconed which s'd new Lease so to be obtained shall be passed unto and in the names of the said Rich'd Timmons & James Stevenson or in the name of the surviv'r of them, or in the name or names of the Ex'rs Adm'rs or Assigns of the surviv'r of them or of such other pson as the said W'm Stevenson shall nominate and appoint at & under such Rents Reservations and Coven'ts [Covenants] as were in the s'd Indenture reserved & menconed, [36]

... And it is thereby agreed by and between all the said Partys to the said Indre that such new Lease Rents & Profits of the Lands during the said Term of Thirty one Years so to be obtained as afores'd Shall be to the same uses as the then said Term of the s'd Lands were then Limited in & by these presents according to the true Intent of the s'd Indre [37]

... and further that the said James Stevenson then at the time of the Ensealing & Delivery of y'e s'd Indre had in himself a good & Indeseizable Estate in Fee Simple of & in the said first recited Premisses and had in himself full power to grant & Convey all & Singular the Premisses recited to have been in him as afores'd pursuant to the true meaning of y'e s'd Indre

... And that the said Lease of the __ Lands of Gallvally Ruskieroe & Tamellenene is a [sic] good & Suff't in the Law

... And the Clause for renewing thereof is Suff't in the Law or Equity to Compell the Specifick performance of the same and that the said Lease was not Surrendred [sic] Cancelled or any way Defeated

... And that the s'd James Stevenson hath not done any thing whereby the said Estates or either of them were Destroyed or any wise Incumbred

... And that the same were clear & free & Shall Continue to be Clear & free of & from all & all manner of former and other Gifts Grants Bargains Sales Dowers Jointures Estates Tailes Judgm'ts Statutes Extents Execution & Forfeitures & Incumbrance whatsoever had made or done or suffered to be made or done by the said James Stevenson except One Fee farm Lease made by him to Mary Semple of Twenty acres or thereabout of part of the said first recited Premisses and then in her actual Seizin & possion [38]

... and further that the said James Stevenson has by his last Will & Testam't devised & bequeathed unto the said W'm Stevenson his Ex'rs Adm'rs and Ass's One full Moiety or Half of all & Singul'r his Houshold [sic] Goods & Furniture of what nature or kindsoever [39]

... And if it hapned that the said James Stevenson died Intestate then & in that Case the said James Stevenson did by the said Indre give and Assigne unto the said W'm Stevenson his Ex'rs Adm'rs & Ass's the full & intire Moiety of all his Houshold Goods and Furniture of what nature or kind soever which he had at the time of his death to be held & enjoyed by the said W'm Stevenson his Ex'rs Adm'rs & Assigns Imediately from and after the Decease of the s'd James Stevenson for ever

... And it Shall & may be lawfull to and for the said Will'm Stevenson his Ex'rs Adm'rs & Assigns to possess him or themselves of One full Moiety or half of all the said Houshold Goods and Furniture that the said James Stevenson died posses'd [possessed] of or any wise Intitled unto to his or their own use notw'thstanding the Law or Statute of Distribution or any Will or Testam't made or to be made by the said James Stevenson to the Contrary thereof in any wise notwithstanding [40]

... And further that the s'd Ja's Stevenson his Ex'rs or Adm'rs at or imediately after the Solemnization of the said Marriage did well & truly pay or caused to be paid unto the said W'm Stevenson his Ex'rs Adm'rs or Assigns the full Sum of Three hundred pounds Ster. without fraud or delay [41]

... And that the s'd W'm Fleming for himself his Ex'rs & Adm'rs & every of them did Coven't [Covenant] & agree to and with the s'd Ja's Stevenson his Ex'rs Adm'rs & Ass's by the s'd Indre in manner following (that is to say) [42]

... That the s'd W'm Fleming his Ex'rs Adm'rs or Assigns or Some of them shall & will at his or their proper Costs obtain from such pson or psons in whom the Inheritance of the said Lands of Corcreen and Portadown so demised to the said W'm Fleming as afores'd Shall then be lawfully vested & Settled a new Lease Suff't in the Law to be made and passed for the Term of Forty one Years Commenceing [sic] upon the Determination of the Demise in the s'd recited Lease recited to end in the Year One Thous'd Seven hundred and Thirty Eight of all and Singular the said Messuages Lands & Tenem'ts by the said recited Lease mentioned which said new Lease so to be obtained Shall be passed unto and in the names of the s'd Rich'd Timons & James Stevenson or in the name of the Surviv'r of them or in the name or names of the Ex'rs Adm'rs or Assigns of the Surviv'r of them or of such other pson or psons as the s'd W'm Stevenson shall nominate or appoint at and under such Rents Reservations & Coven'ts as were in the then said recited Lease reserved & mentioned

... And it is thereby declared and agreed by and between all the said partys to the said Indre that such new Lease and the Rents & Profits of the said Messuages Lands & Tenements during the s'd Term of Forty one Years so to be obtained as aforesaid shall be to the same use & uses as therein before limited & appointed concerning the same by the said Indre according to the true Intent of the said Indre [43]

... And further that the said William Fleming then at the time of Ensealing and Delivery of the said Indre had in himself a good Estate or Estates in the said pmisses in the County of Ardmagh,

... And had in himself full power to Convey & Settle all & Singular the pmisses recited to be in him as aforesaid pursuant to the true Intent of the said Indre

... And that the said Leases of the Messuages Lands & Tenements in Derybeg Corcreen and Portadown were good and sufficient Leases in Law

... And that the same or either of them was or were not Surrendred Cancelled or any way Defeated

... And that the said W'm Fleming hath not done any thing whereby the said Estates or either of y'm are or may be defeated cancelled or any wise incumbred

... And that the same were Clear and free & so shall continue to be clear and free of and from all manner of other Gifts Grants Bargains Sales Dowers Jointure Estates Tales [sic] Judgm'ts Statutes Extents Executions Forfeitures and Incumbrances whatsoever made or done or suffered to be made or done by the said W'm [44]

... And that if it Shall happen that the said Eliz'th Fleming leave Issue behind her that Shall be living at the time of y'e death of the s'd W'm Fleming or if the s'd Eliz'th Fleming be living at the time of the death of the said W'm Fleming then & in that Case the said W'm Fleming shall & will by his last Will and Testam't leave devise & bequeath unto the said W'm Stevenson his Ex'rs Adm'rs or Assigns One full Moiety or half of all and Singul'r his Goods & Chattles both real & psonal [personal] & Assetts of what Nature or kindsoever [45]

... And if it Shall happen that the said W'm Fleming shall dye Intestate & if s'd Eliz'th Fleming shall dye or leave Issue living then & in that Case the said W'm Fleming did by the said Indre give & Assigne unto the s'd W'm Stevenson his Ex'rs Adm'rs and Assigns the full & entire Moiety of all his Goods Chattles & Effects of what nature or kind soever which he shall at the time of his death have to be held & enjoyed by the said William Stevenson his Ex'rs Adm'rs and Assigns imediately from & after the decease of the s'd W'm Fleming for Ever

... And it shall and may be lawfull in that Case to and for the said W'm Stevenson his Ex'rs Adm'rs and Assigns to possess him or themselves of One full Moiety or half of all the Goods Chattles & Assetts that the said W'm Fleming dyed possessed of or Intitled unto his & their own use notwithstanding the Law or Statute of Distribution or any will or Testam't made or to be made by the said W'm Fleming to the Contrary thereof in any wise notwithstanding [46]

... And further that the said W'm Fleming his Ex'rs or Adm'rs at or imediately after the Solemnization of the s'd Marriage did well and truly pay or caused to be paid unto the said W'm Stevenson his Ex'rs Adm'rs or Assigns the full Sum of Three hundred pounds Ster: as a Marriage Portion with the said Eliz'th Fleming without Fraud or Delay [47]

... And it's further Covenanted & agreed by and between the said parties to the s'd Indre & particularly the said W'm Stevenson for himself his Heirs Ex'rs & Adm'rs & every of them did Coven't & agree to and with the said James Stevenson his Heirs Ex'rs & Adm'rs by the said Indenture that if it Shall happen that the said W'm Stevenson shall dye before the said Eliz'th Fleming & before the said James Stevenson then and in that Case the said James Stevenson & his Assigns shall have during his natural Life out of the Rents and Profits of such Estate either real or psonal as the s'd W'm Stevenson shall dye possed of the Sum of Sixteen pounds Ster p ann in lieu of the s'd Sixteen pounds Ster p anno payable to the said Eliz'th Fleming [48]

... in which said Release there is a Clause of farther assurances as usual

... & which Deeds were duly pfected [perfected] by the said Cap't James Stevenson  W'm Fleming, Rich'd Timmons, James Stevenson, Will'm Stevenson & Eliz'th Fleming

... in psence [presence] of Charles Lavery of Magheryline [Magheralin] in the County of Downe  Hugh Mulligan of [blank] and Charles Reilly of Lurgan in the County of Ardmagh Gent. all Subscribing Witnesses to the said Lease & Release

     __ Rich: Timmons (seal) __ James Stephenson (seal) __

... Signed Sealed and duly pfected by the said Rich'd Timons & James Stephenson of Killfady afores'd in presence of us

     __ Simon Wetherby __ Cha: Reilly __

... The above named Charles Reilly maketh oath that he saw the above named Cap't James Stevenson  William Fleming, Rich'd Timons and James Stevenson duly Signe Seal & Pfect the above mentioned Deed of Lease and also saw the above named Cap't James Stevenson  W'm Fleming, Rich'd Timons  James Stevenson  William Stevenson and Eliz'th Fleming duly Sign Seale & perfect the above mentioned Deed of Release, whereof the above Writing is a true Mem'l [Memorial]

... And this Depon't [Deponent] saith that he saw the above ment'd Rich'd Timons and James Stevenson duly Signe Seale & Execute the above mentioned Mem'll and he this Dep't further deposeth that he is a Subscribing Witness to the said Deed of Lease and Release and to the said Mem'll

... And saith that the said Mem'll was Delivered to W'm Parry Deputy Reg'r [Register] on the Tenth day of Nov'r 1721 at Ten o Clock in the Forenoon

     __ Chas Relly __ [49]

Jur 10˚: die Nov's: 1721: cor me

     __ Will Parry Dep Re'gr.

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Footnotes:

1.

Note that, in almost every instance, every name cited in this deed appears with words such as “and his Executors, Administrators, and Assigns,” or “and his heirs,” or “and his assigns.”

2.

Deed of lease, dated 19 Oct 1716. Term of one year. Parties =
a. Capt. James Stevenson of Stewartstown, and William Fleming of Portadown, and
b. Richard Timons, jun. of the parish of Seagoe, and James Stephenson* of Killyfaddy. *spelled as Stevenson throughout the deed, with one exception—but spelled as Stephenson (which was the custom of that branch) in this analysis.
Object of the lease = to vest possession of the lands and tenements hereinafter mentioned to Timons and Stephenson.

3.

Deed of release, dated 20 Oct 1716. Parties =
a. Capt. James Stevenson,
b. William Fleming,
c. Richard Timons and James Stephenson, and
d. William Stevenson, son of Capt. James, and Elizabeth, daughter of William Fleming.

4.

The deed of release cites the following five deeds:

5.

first, John Houston to James Stevenson, 4 Aug 1692: two parcels of ground in Stewartstown + parks adjacent to the town + ½ of moss belonging to Stewartstown;

6.

second, John Houston to James Stevenson, 4 Aug 1698: Galvally + Ruskieroe + Tamylennan townlands in the parish of Donaghenry;

7.

third, Nicholas Bagenall of Newry to John Fleming (father of William), 26 Feb (1693): half townland of Derrybeg;

8.

fourth, John Fleming to son William, 1 Nov 1695: assignment of the third deed, above; and

9.

fifth, Anthony Obins to William Fleming, 11 May 1715: 12 acres in Corcreen + messuage & house in Portadown, which = former lease by Hamlet Obins to Anthony Obins, 14 Dec 1698.

10.

The terms of the deed of release included:

11.

... acknowledging that a marriage is intended between William Stevenson and Elizabeth Fleming,

12.

... the object of the deed = to convey the leases, with the lands and premises, and their rents and profits,

13.

... for the following considerations:
(i) marriage to be had shortly between William Stevenson and Elizabeth Fleming, and
(ii) £300 to be paid by William Fleming as a marriage portion to William Stevenson:

14.

... Capt. James Stevenson and William Fleming conveyed to Richard Timons and James Stephenson:
(iii) the parcels and lands in indenture (1) (footnote 5) re: Stewartstown and the parks adjacent to the town forever, and
(iv) the half townland of Derrybeg during the lives of William Fleming, &c., and

15.

(iii) and (iv) were already in the possession of Richard Timons and James Stephenson by an Indenture of Lease dated 1st Aug 1716.

16.

(v) all of the other premises to be demised by John Houston and Anthony Obins for their respective terms.

17.

(vi) … including the renewal of indenture (2) (footnote 6) re: Galvally, Ruskieroe, and Tamylennan townlands.

18.

(vii) … with all rights and profits attaching to all of the assigned premises SUBJECT TO the uses and intents expressed below: (the remaining clauses and conditions continue at footnote no. 36).

19.

... Capt. James Stevenson to use and enjoy the lands and premises in county Tyrone until the marriage takes place, and

20.

... William Fleming to use and enjoy the lands and premises in county Armagh until the marriage takes place, and

21.

... after his marriage, William Stevenson and his heirs to use and enjoy the house in Stewartstown, currently occupied by Thomas Scot, for ever, …

22.

… Capt. James Stevenson to use and enjoy the the rest of the lands in indenture (1) (footnote 5) for the rest of his life.

23.

... after the decease of Capt. James Stevenson, ½ of the lands and premises in indenture (1) (footnote 5) to the use and enjoyment of his wife, Margaret during her life, after which:

24.

… the ½ of the lands and premises in indenture (1) to devolve to William Stevenson during his life.

25.

... after the death of William Stevenson, the ½ of the lands and premises in indenture (1) to devolve to the heirs male and failing any heirs male, the heirs female of William Stevenson and Elizabeth Fleming, and failing heirs female, to the "right heirs" of William Stevenson forever.

26.

... if William Stevenson predeceases his wife, Richard Timons and James Stephenson would pay to her a yearly rent charge of £16, “in full Satisfaction … of her Dower.”

27.

... re: indenture (2) (footnote 6), Richard Timons and James Stephenson to pay out of the rents and profits, a yearly rent charge of £10 to William Stevenson for the remainder of the current term of years and for the term of thirty-one years after the current term expires.

28.

... with respect to the leases for Derrybeg, Corcreen, and Portadown (footnotes 7-9):
- Richard Timons and James Stephenson to pay out of the rents and profits, £10 yearly to William Stevenson and Elizabeth Fleming during their lives and as long as the leases continue, and

29.

... if William dies, payment to be made to Elizabeth, subject to:

30.

... if Elizabeth dies, the rent charge ceases. (See also footnote 33.)

31.

... the remainder of the rents and profits from Galvally, Ruskieroe, and Tamylennan townlands to the use of Capt. James Stevenson during his life, and after his death, according to his will.

32.

... the remainder of the rents and profits from Derrybeg, Corcreen, and Portadown to the use of William Fleming during his life, and after his death, according to his will.

33.

Transcriber's question: Does this clause follow from AF, or is it a premise for AH?

34.

... after the death of Elizabeth without issue, the £10 rent charge on the county Amagh estate to go to William Fleming.

35.

By this indenture of release, Capt. James Stevenson agrees to, and with William Fleming, the following:

36.

(viii) (continued from footnote 18) Capt. James Stevenson will obtain a new lease for the lands in indenture (2) in the names of Richard Timons and James Stephenson, with a term of 31 years.

37.

... with the same terms as the present lease.

38.

... and Capt. James Stevenson has the legal right to enseal and deliver such a lease, without any incumbrances or impediments, except for one fee farm lease made to Mary Semple of 20 acres.

39.

(ix) and in his will, Capt. James Stevenson bequeathed to William, his son, ½ of his household goods and furniture.

40.

... and if Capt. James Stevenson dies intestate, William still to obtain ½ of his household goods and furniture.

41.

(x) Capt. James Stevenson to pay a marriage portion of £300 to his son, William.

42.

By this indenture of release, William Fleming agrees to, and with Capt. James Stevenson, the following:

43.

(xi) William Fleming will obtain a new lease in the lands of Corcreen and Portadown for a term of 41 years, commencing in 1738, to vest in Richard Timons and James Stephenson.

44.

... and William Fleming has the legal right to enseal and deliver such a lease, without any incumbrances or impediments.

45.

(xii) If Elizabeth leaves issue which are alive or if she is alive when William Fleming dies, then by his will, William will bequeath to William Stevenson ½ of his goods and chattles, and

46.

... if William Fleming dies intestate and if Elizabeth dies or leaves issue living, then William Stevenson still to receive ½ of his goods and chattles.

47.

This condition repeats that written in footnote 13.

48.

(xiii) If William Stevenson dies, then Capt. James Stevenson will pay to Elizabeth, William’s widow, an annual sum of £16.

49.

Signatories, seals, and witnesses: The deed of lease was perfected by Capt. James Stevenson, William Fleming, Richard Timons, and James Stevenson. The deed of release was perfected by Capt. James Stevenson, William Fleming, Richard Timmons, James Stevenson, William Stevenson, and Elizabeth Fleming. Witnesses to the perfection of both deeds were Charles Lavery of Magheralin, co. Down, Hugh Mulligan, and Charles Reilly of Lurgan. The deeds were signed, sealed, and perfected by Richard Timmons and James Stevenson (of Killyfaddy). Witnesses were Simon Wetherby and Charles Reilly. Charles Reilly swore to both the deed and the memorial at the office of the Deputy Register in Dublin. 

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© Alison Kilpatrick, 2016. All rights reserved.
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"The past is a foreign country; they do things differently there."—Lesley Poles Hartley (1895–1972), The Go-Between (1953).

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