1743-12-06: 110-465-78730: Ledlie to Clark

Source: Registry of Deeds, Ireland. Memorial no. 110-465-78730: Ledlie to Clark & another (dated 6 Dec 1743; reg'rd 10 April 1744). Copy per FHL film no. 522824. Transcribed and annotated by Alison Kilpatrick, and submitted to www.irishdeedsindex.net, 2016-08-05. Please cite your sources.

Footnotes have been inserted by the transcriber and are hyperlinked to the Transcriber's notes section at the end of this transcript.

Transcription:

110-465-78730 ledlie to clarke


[Title:]
[1]
No. 78730  To the Register appointed for Registring Deeds Conveyances Wills and soforth pursuant to Acts of Parliament Made in this Kingdom

[Notes in margin:]
Ledlie to Clark & another
Reg'rd [2] the 10'th day of April 1744 at 12 o Clock at Noon

[Body of memorial:]
  A Memorial of a Tripartite Deed Indented bearing Date the Sixth Day of December one Thousand Seven hundred and Forty three and perfected by and between Gilbert Ledlie of Carnan in the County of Tyrone Gent of the one part  Jackson Clark of Maghera in the County of Londonderry Gent of y'e Second part and John Clark of said Maghera Gent of the Third part
[3]

... Wherein it is Recited that Whereas the said Gilbert Ledlie, among other things is possed [possessed] of the Town and Lands of Legmurn Seituate in the Territory of Ballyclogg and County of Tyrone by Virtue of a Lease from Philip Morris of Tirkvallan in the County of Tyrone Gent with Clauses for Renewals, toties quoties [4] which the said Philip Morris held by Vertue of a Lease from Tho's Morris Jones of Moneyglass in the County of Antrim Esq'r with Clauses for Renewals toties quoties which the said Thomas Morris Jones did hold with other Lands by Vertue of a Lease under the Archiepiscopal [sic] See of Armagh which said Lands yeild [sic] unto the said Gilbert Ledlie Twenty pounds a year profit rent over and above the rent reserved and payable to the said Philip Morris

... and also Whereas the said Gilbert Ledlie is possessed of the Towns & Lands of Killin and third part of Lissaclare otherwise Killclare Seituate in the Territory of Clonoe and said County of Tyrone by Vertue of a Lease with Clauses for Renewals toties quoties from the s'd Tho's Morris Jones which are also part of the Lands held by the said Thom's Morris Jones by Vertue of said Lease under the Archiepiscopal See of Armagh

... which said Lands yeild unto the said Gilbert Ledlie Nineteen pounds a year Clear profit rent over and above the rent reserved by said Lease

... and also Whereas the said Gilbert Ledlie hath Since purchased from the said Thomas Morris Jones his Interest in and to the said Towns and Lands of Legmurn Killin and third part of Lissaclare and also in and to the Town and Lands of Tirkvallan in y'e Territory of Ardboe & said County of Tyrone held by Vertue of a Lease under y'e Archiepis'l See of Armagh made unto Dame Ann Morris Jones in Trust for the said Thom's Morris Jones on Surrender of which Lease the said Gilbert Ledlie hath obtained a Lease of the said Lands and premisses from his Grace John Lord Arch Bishop of Armagh unto him the said Gilbert Ledlie

... Whereby he is Entituled to a further Clear yearly profit rent of Twenty nine pounds Eleven Shillings and four pence Over and above the rent reserved payable to the said Lord Arch Bishop of Armagh and his Successors L'ds Arch Bishops of Armagh

... and also Whereas the said Gilbert Ledlie hath Agreed to Grant unto Tho's Ledlie his Brother one half or Moiety of the said Last Mentioned purchase and of the profitts arising thereout he paying at or before the first Day of January next the one half of the purchase Money and also paying the one half of the rent Fees Duties Fines & Herriotts [5] payable thereout and Confirming all bargains Contracts Agreements and Leases Made by the s'd Tho's Morris Jones before the said purchase

... And also Whereas a Marriage is by Gods Grace Intended to be had and Solemnized between the said Gilbert Ledlie and Elizabeth Clark Daughter of the said Jackson Clark and by the said Deed the said Jackson Clark Doth Cov't [Covenant] and agree to and with the said Gilbert Ledlie to give unto the said Gilbert Ledlie as a marriage portition [sic] with the said Elizabeth the Sum of Two hundred Pounds Ster in hand and at the time of his the said Jacksons Death so much of the Effects as he shall be possessed of as will Make the said two hundred pounds Equal to the Fortune of any of the said Jacksons Children younger than the said Elizabeth which they shall receive from him or be Entitled unto as a fortune

... And the said Gilbert Ledlie Doth Cov't and agree to and with the said Jackson Clark that in Case the said Eliabeth Shall Dye before the said Jackson and that there Shall be no Issue by her Living at the time of the Death of the said Jackson Clark that then the said Gilbert Ledlie Shall be no ways Entituled to any More of the Effects of the s'd Jackson Clark than the said Two hundred pounds in hand paid and the said Gilbert Ledlie for and in Consideration of the said Marriage and of the said Marriage Portion and other Causes and Considerations and of the Trust therein after Mentioned hath granted bargained assigned and Sett over unto the said John Clark his Ex'rs [Executors] Adm'rs [Administrators] and assigns all and Singular the said Recited Lands and premisses with the appurten's [appurtenances] together with the said Recited Indentures of Lease

... To have and to hold the said Recited Lands and premisses and the said Indentures of Lease together with the rents Issues and profits arising thereout In Trust Nevertheless for the uses intents and purposes therein ment'd [mentioned] and Contained

... To wit that he ^the^ [6] s'd Gilbert Ledlie Shall have hold and Enjoy the same During his Naturall Life and in Case the said Eliz'th Shall Survive and out Live the said Gilbert having Issue by him She the said Elizabeth to Receive as a Joynture or Dower During her Naturall Life out of the said recited Lands and premisses the one full third part of the Rents Issues and profits arising thereout and to have power to Distrain all or any of the said Lands and premisses for her the said Third part as the same Shall become Due & Such Issue to be Entituled to the other two parts of the rents Issues and profits arising thereout During her Life and after her Decease to the whole in Such proportion and manner as he the said Gilbert Shall by his last Will and Testament appoint and in Case the said Elizabeth Shall happen to Survive and out Live the said Gilbert having no Issue by him the said Eliz'th to Receive as a Jointure [sic] or Dower the whole rents Issues and profits arising out of the said Lands and premisses and after her Decease to Descend to Such person or persons as the said Gilbert Shall by his Last will and Testament Devise the Same unto and in Case the said Gilbert Shall Survive and out Live the s'd Elizabeth and have Issue by her at the time of his Death that then Such Issue from and after his Decease Shall be Intitled to the said Lands and premisses and all the rents Issues and profits arising thereout in Such proportion as the said Gilbert shall by his Last will and Testament appoint and the said Gilb't Doth Cov't that the Settlement therein and thereby made of the s'd Lands and premisses Shall Not barr the R't [Right] or Title which the said Elizabeth and her Issue Shall Legally have to the oth'r Effects which the said Gilbert Shall [be] possessed of at the time of his Death

... and by an Indorsment [sic] on the back of said Deed before the Ensealing and Delivery thereof it was agreed & Declared by the parties that in Case the said Elizabeth Doe Survive the said Gilbert without Issue and become possessed of the whole rents Issues and profits of the said Mentioned Lands and premisses that She Shall from time to time [blacked out] Renew the Lease of the s'd Lands and premisses with the Lord Primate at her own Expence so that She may Lea[-]e [Leave, or Lease] the same Number of years unexpired at the time of her Death as there will be ^un^ Expired at the time She Shall Come into the possion [possession] thereof as by the said Deed Reference thereunto being had may more at Large Appear

... the Due Execution of the said Deed by the said Gilbert Ledlie  Jackson Clarke [sic] and John Clarke witnessed by Alex'r Clarke of said Maghera Gent and W'm Docherty of Magherafelt in the s'd County of Londonderry Scrivener and the Signing and Sealing of the Mem'l [Memorial] by the said Jackson Clark and John Clark is witnessed by the said Alex'r Clark and James Paterson of said Maghera Merch't [Merchant]

     __ Jackson Clark (seal) __ Jn'o Clarke (seal) __

... Signed and Sealed in presence of

     __ Alex'r Clark __ James Patterson [sic] __

... The above named Alexander Clark Came this day before me and made oath that he saw the above mentioned Deed Whereof the above Writing is a mem'l duly Executed by the above named Gill Ledlie  Jackson Clarke & John Clarke in presence of this Dep't [Deponent] and the s'd W'm Docherty Subscrib'g witnesses to the same and that he like[wise] Saw the above mem'l Signed and Sealed by the said Jackson Clarke & John Clarke in presence of this Dep't and the s'd Jam's Patterson and that the name Alex'r Clarke Subscribed as a witness to the perfection of the s'd Deed and above written Mem'l is this Dep'ts [Deponent's] proper hand writing

     Alex'r Clarke __

... Sworn before me one of the Mas't Extraord'y [Masters Extraordinary] of his Maties [Majesty's] Court of Exchequer in Ireland for taking Affid'ts [Affidavits] in the Country at Maghera in the County of Londonderry the 24'th day of March 1743 and I know the Depon't

     __ Will'm Docherty __

... Wee Geo Coningham Esq'r and Ro[-] [--]all Clke [Clerk] two of his Maties Justices of the peace for the County of Londonderry do Certifie that we Saw the said Alex'r Clark Swear the above affid't before a Com'r [Commissioner] for taking affid'ts in the Country at the time & place in the Caption Mentioned

     __ Geo Coningham __ And'w Blackall __

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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.

This transcript includes paragraph breaks whereas the original text appears as one paragraph without any indentation.

4.

Toties quoties, As often as a thing shall happenSource: Jacob, Giles, and T.E. Tomlins. The Law-Dictionary: explaining the Rise, Progress, and Present State, of the English Law, &c. Vol. IV. I. "Lease and Release" (pp. 117-20). New York: Riley, & Philadelphia: P. Byrne, 1811.

5.

Heriot, A tribute paid to a lord out of the belongings of a tenant who died, often consisting of a live animal or, originally, military equipment that he borrowedSource: Oxford Dictionaries online, www.oxforddictionaries.com (accessed 2016-08-05).

6.

A word or words appearing within caret marks as in, ^text^, denotes text that was inserted above a line, with a caret mark underneath, in the original text.

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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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