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Source: Registry of Deeds, Ireland. Précis of Memorial 31-342-19418: An indenture of lease and release: Capt. James Stevenson of Stewartstown and William Fleming of Portadown, to Richard Timons of the parish of Seagoe and James Stephenson of Killyfaddy, county Armagh, and the marriage settlement of William, son of Capt. James Stevenson, and Elizabeth, daughter of William Fleming (dated 1716-10-19 & -20; registered 1721-11-10). Digital image online at FamilySearch, Int’l., per FHL film no. 461320. Précis by Alison Kilpatrick ©2016; index entries submitted to Nick Reddan’s Registry of Deeds Index Project Ireland, 2016-07-16.
This page on Arborealis provides a précis of Memorial 31-342-19418, which comprised lengthy deeds of lease and release executed by Capt. James Stevenson of Stewartstown and William Fleming of Portadown to Richard Timons of the parish of Seagoe, county Armagh, and James Stephenson of Killyfaddy, county Armagh. These deeds were perfected on the occasion of the intended marriage of William Stevenson, son to James, and Elizabeth Fleming, daughter to William. — See also the blog article on this subject, “Marriage settlement of Wm. Stevenson and Eliz. Fleming (1716).”
Deed of lease, dated 19 Oct 1716.
Term of one year. The parties included:
- Capt. James Stevenson of Stewartstown, and William Fleming of Portadown; and
- 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 in this analysis, as was the custom of the Killyfaddy, county Armagh branch.
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:
- Capt. James Stevenson,
- William Fleming,
- Richard Timons and James Stephenson, and
- William Stevenson, son of Capt. James Stevenson, and Elizabeth, daughter of William Fleming.
The deed of release recites five earlier deeds, viz.—
- John Houston to James Stevenson, 4 August 1692: two parcels of ground in Stewartstown with parks adjacent to the town and one-half of moss belonging to Stewartstown, in all about sixty acres;
- John Houston to James Stevenson, 4 August 1698: Galvally, Ruskieroe, and part of Tamylennan townlands in the parish of Donaghenry;
- Nicholas Bagenall of Newry to John Fleming (father of William), 26 February (1693): the half townland of Derrybeg; and
- John Fleming to son William, 1 November 1695: assignment of the third deed recited above; and
- Anthony Obins to William Fleming, 11 May 1715: twelve acres in Corcreen [Corcrain] townland, and a messuage and house in Portadown, which were included in a lease granted previously by Hamlet Obins to Anthony Obins, 14 December 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 August 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 part of 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 one-half of the lands and premises in indenture (1) to devolve to William Stevenson during his life;
- after the death of William Stevenson, the one-half 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,” that is, by way of jointure;
- 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 should die, payment to be made to Elizabeth, subject to:
- if Elizabeth should die, the rent charge to cease;
- 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 Armagh estate to go to William Fleming.
By this indenture of release, Capt. James Stevenson agreed to, and with William Fleming, the following:
- Capt. James Stevenson to obtain a new lease for the lands in indenture (2) in the names of Richard Timons and James Stephenson, for a term of 31 years, with the same terms as the present lease;
- Capt. James Stevenson had 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 twenty acres;
- in his will, Capt. James Stevenson bequeathed to William, his son, one-half of his household goods and furniture;
- if Capt. James Stevenson should die intestate, William still to obtain one-half 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 agreed to, and with Capt. James Stevenson, the following:
- William Fleming to obtain a new lease in the lands of Corcreen and Portadown for a term of forty-one years, commencing in 1738, to vest in Richard Timons and James Stephenson;
- William Fleming had the legal right to enseal and deliver such a lease, without any incumbrances or impediments;
- if Elizabeth should leave issue which are alive or if she should be alive when William Fleming dies, then by his will, William to bequeath to William Stevenson one-half of his goods and chattles;
- if William Fleming should die intestate and if Elizabeth dies or leaves issue living, then William Stevenson still to receive one-half of his goods and chattles;
- William Fleming to pay £300 as a marriage portion to William Stevenson; and
- if William Stevenson should die, 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 Timons, James Stephenson, William Stevenson, and Elizabeth Fleming.
- Witnesses to the perfection of both deeds were Charles Lavery of Magheralin, county Down, Charles Reilly of Lurgan, and Hugh Mulligan.
- The deeds were signed, sealed, and perfected by Richard Timons 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 Registry of Deeds in Dublin.
Source citation for this page: — Kilpatrick, Alison. Registry of Deeds, Ireland: Précis of Memorial 31-342-19418: Stevenson et al to Timons et al: deeds of lease and release on the occasion of the intended marriage of William Stevenson and Elizabeth Flemiing (dated 1716-10-19 & -20, registered 1721-11-10). Transcript by Alison Kilpatrick ©2016. Published to Arborealis on 2016-07-16, online at arborealis.ca/records/irish-deeds/index-transcripts/1708–1725/31-342-19418-precis/, accessed [insert date of access].
See also:
— Introductory notes about registered deeds and the memorials (copies) thereof
— Scope of Irish deeds covered
— Notes about the indexes provided on Arborealis
— Notes about the transcripts of memorials of Irish deeds posted to Arborealis
— List of blog articles pertaining to memorials of Irish deeds
— Nick Reddan’s Registry of Deeds Index Project Ireland website
Transcriber’s notes: