Précis of Memorial no. 31-342-19418

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 and précis by Alison Kilpatrick; submitted to www.irishdeedsindex.net, 2016-07-16.
Please cite your sources.

Deed of lease, dated 19 Oct 1716.
Term of one year. The parties included:

  1. Capt. James Stevenson of Stewartstown, and William Fleming of Portadown; and
  2. 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.

The object of the lease was to vest possession of the lands and tenements thereinafter mentioned to Messrs. Timons and Stephenson.

Deed of release, dated 20 Oct 1716.
The parties included:

  1. Capt. James Stevenson,
  2. William Fleming,
  3. Richard Timons and James Stephenson, and
  4. William Stevenson, son of Capt. James Stevenson, and Elizabeth, daughter of William Fleming.

The deed of release cites the following five deeds:

  1. 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;
  2. John Houston to James Stevenson, 4 Aug 1698: Galvally + Ruskieroe + Tamylennan townlands in the parish of Donaghenry;
  3. Nicholas Bagenall of Newry to John Fleming (father of William), 26 Feb (1693): half townland of Derrybeg; and
  4. John Fleming to son William, 1 Nov 1695: assignment of the third deed, above; and
  5. Anthony Obins to William Fleming, 11 May 1715: 12 acres in Corcreen + messuage & house in Portadown, which were included in a lease granted previously by Hamlet Obins to Anthony Obins, 14 Dec 1698.

The terms of the deed of release included:

Acknowledging that a marriage was intended between William Stevenson and Elizabeth Fleming, the object of the deed was to convey the leases mentioned above, with the lands and premises, and their rents and profits, as described below, and for the following considerations:

  • marriage to be had shortly between William Stevenson and Elizabeth Fleming, and
  • £300 to be paid by William Fleming as a marriage portion to William Stevenson.

Capt. James Stevenson and William Fleming conveyed to Richard Timons and James Stephenson:

  • the parcels and lands in indenture (1) re: Stewartstown and the parks adjacent to the town forever;
  • the half townland of Derrybeg during the lives of William Fleming, &c—which lands and premises were already in the possession of Richard Timons and James Stephenson by an Indenture of Lease dated 1st Aug 1716;
  • all of the other premises to be demised by John Houston and Anthony Obins for their respective terms;
  • and in addition, the renewal of indenture (2) re: Galvally, Ruskieroe, and Tamylennan townlands.

... with all rights and profits attaching to all of the assigned premises SUBJECT TO the uses and intents expressed below:

  • Capt. James Stevenson to use and enjoy the lands and premises in county Tyrone until the marriage takes place;
  • William Fleming to use and enjoy the lands and premises in county Armagh until the marriage takes place;
  • after his marriage, William Stevenson and his heirs to use and enjoy the house in Stewartstown, currently occupied by Thomas Scot, for ever;
  • Capt. James Stevenson to use and enjoy the the rest of the lands in indenture (1) for the rest of his life;
  • after the decease of Capt. James Stevenson, ½ of the lands and premises in indenture (1) to the use and enjoyment of his wife, Margaret during her life, after which:
  • the ½ of the lands and premises in indenture (1) to devolve to William Stevenson during his life;
  • after the death of William Stevenson, the ½ of the lands and premises in indenture (1) to devolve to the heirs male of William Stevenson and Elizabeth Fleming, by seniority, and failing any heirs male the heirs female, and failing heirs female, to the "right heirs" of William Stevenson forever;
  • 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;”
  • re: indenture (2), 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;
  • with respect to the leases for Derrybeg, Corcreen, and Portadown, 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;
  • if William dies, payment to be made to Elizabeth, subject to:
  • if Elizabeth dies, the rent charge ceases;
  • 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;
  • 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; and
  • after the death of Elizabeth without issue, the £10 rent charge on the county Amagh estate to go to William Fleming.

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

  • 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, with the same terms as the present lease;
  • 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;
  • in his will, Capt. James Stevenson bequeathed to William, his son, ½ of his household goods and furniture;
  • if Capt. James Stevenson dies intestate, William still to obtain ½ of his household goods and furniture; and
  • Capt. James Stevenson to pay a marriage portion of £300 to his son, William.

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

  • 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;
  • William Fleming has the legal right to enseal and deliver such a lease, without any incumbrances or impediments;
  • 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;
  • 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;
  • William Fleming to pay £300 as a marriage portion to William Stevenson; and
  • if William Stevenson dies, then Capt. James Stevenson to pay to Elizabeth, William’s widow, an annual sum of £16, out of William’s effects.

Signatories, seals, and witnesses:

  • The deed of lease was perfected by Capt. James Stevenson, William Fleming, Richard Timons, and James Stephenson.
  • The deed of release was perfected by Capt. James Stevenson, William Fleming, Richard Timmons, James Stephenson, William Stevenson, and Elizabeth Fleming.
  • Witnesses to the perfection of both deeds were Charles Lavery of Magheralin, co. Down, Charles Reilly of Lurgan, and Hugh Mulligan.
  • The deeds were signed, sealed, and perfected by Richard Timmons and James Stephenson. 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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